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Declaration Of Trust For Shares

Declaration Of Trust For Shares Template for Hong Kong

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Key Requirements PROMPT example:

Declaration Of Trust For Shares

"I need a Declaration of Trust for Shares for holding 10,000 shares in ABC Technology Limited as nominee shareholder for a BVI company, with dividend distribution rights and full voting powers to be exercised as per the beneficial owner's instructions."

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Document background
A Declaration of Trust for Shares is commonly used in Hong Kong for various corporate and private wealth planning purposes. This document is essential when establishing nominee shareholding arrangements, implementing family succession plans, or structuring corporate holdings. It clearly delineates the separation between legal and beneficial ownership of shares, providing protection for beneficiaries while allowing for efficient management of shareholdings. The document must comply with Hong Kong's trust laws, companies legislation, and securities regulations. It is particularly relevant in situations involving offshore structures, family businesses, or corporate reorganizations where direct share ownership may not be desirable or practical. The declaration includes detailed provisions about share management, voting rights, dividend distributions, and trustee duties, all within Hong Kong's legal framework.
Suggested Sections

1. Parties: Identifies the Trustee(s) and Beneficiary(ies) with their full legal names and addresses

2. Background: Sets out the context of the trust arrangement, including details of share ownership and the intention to create the trust

3. Definitions: Defines key terms used throughout the document

4. Declaration of Trust: The formal declaration that the shares are held in trust, specifying the trust property

5. Trust Terms: Core terms governing how the trust operates, including voting rights and dividend distributions

6. Trustee Powers and Duties: Specifies the powers granted to trustees and their obligations regarding the trust property

7. Duration of Trust: States the period for which the trust will exist or conditions for termination

8. Governing Law and Jurisdiction: Confirms Hong Kong law as governing law and jurisdiction for disputes

9. Execution: Formal execution block for signing and witnessing

Optional Sections

1. Appointment and Removal of Trustees: Include when there may be multiple trustees or need for future trustee changes

2. Protector Provisions: Include when a trust protector is appointed to oversee certain trustee actions

3. Remuneration of Trustees: Include when trustees are to be compensated for their services

4. Investment Powers: Include when trustees need specific investment authority beyond holding shares

5. Anti-Money Laundering Compliance: Include for high-value trusts or when required by regulatory obligations

6. Variation of Trust: Include when flexibility to modify trust terms may be needed

7. Confidentiality: Include when specific confidentiality obligations are required

8. Tax Provisions: Include when specific tax treatment or obligations need to be addressed

Suggested Schedules

1. Schedule 1 - Details of Trust Shares: Lists the specific shares held in trust, including company details, share certificate numbers, and number of shares

2. Schedule 2 - Beneficiary Interests: Details the beneficial interests of each beneficiary, including any specific terms or proportions

3. Schedule 3 - Initial Trust Assets: Complete inventory of all assets initially settled into the trust

4. Schedule 4 - Trustee Powers: Detailed list of specific powers granted to trustees beyond standard statutory powers

5. Appendix A - Relevant Company Information: Copy of company registration documents and shareholding structure

6. Appendix B - Required Notices and Forms: Templates for notices and forms required for trust administration

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈË°æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

alex.den.21@genieai.co
Relevant legal definitions



































Clauses




























Relevant Industries

Financial Services

Private Wealth Management

Corporate Services

Legal Services

Investment Management

Family Office

Professional Services

Banking

Trust and Fiduciary Services

Relevant Teams

Legal

Corporate Secretarial

Compliance

Wealth Management

Trust Administration

Private Banking

Corporate Services

Risk Management

Investment Operations

Relevant Roles

Trust Manager

Corporate Lawyer

Wealth Manager

Company Secretary

Compliance Officer

Legal Counsel

Private Client Advisor

Trust Administrator

Corporate Services Manager

Family Office Manager

Investment Manager

Director of Legal Affairs

Chief Legal Officer

Private Banking Relationship Manager

Industries







Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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