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Declaration Of Trust Nominee Shareholder

Declaration Of Trust Nominee Shareholder Template for India

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Key Requirements PROMPT example:

Declaration Of Trust Nominee Shareholder

"I need a Declaration of Trust Nominee Shareholder agreement for holding 10,000 shares in my family's manufacturing business in Mumbai, where my uncle will act as nominee shareholder while I remain the beneficial owner, with provisions for quarterly dividend distributions and specific voting rights instructions."

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Document background
The Declaration of Trust Nominee Shareholder agreement is essential in situations where the legal ownership of shares needs to be separated from beneficial ownership, while maintaining compliance with Indian legal requirements. This arrangement is commonly used in family business structuring, corporate reorganizations, or investment holdings where a nominee holds shares on behalf of the actual beneficial owner. The document must comply with the Indian Trusts Act, 1882, Companies Act, 2013, and relevant SEBI regulations if applicable. It typically includes comprehensive details about the shares held in trust, mechanisms for exercising voting rights, handling dividends, and procedures for termination. The agreement is particularly important in India due to strict regulatory requirements around beneficial ownership disclosure and the need for clear documentation of trust arrangements in corporate structures.
Suggested Sections

1. Parties: Details of the Nominee Shareholder (Trustee) and the Beneficial Owner (Beneficiary)

2. Background: Context of the arrangement, including details of the company whose shares are being held in trust

3. Definitions: Key terms used throughout the document including 'Shares', 'Company', 'Trust Property', 'Beneficial Owner', etc.

4. Declaration of Trust: Formal declaration that the Nominee holds the shares in trust for the Beneficial Owner

5. Trust Property: Detailed description of the shares held in trust, including number, class, and distinctive numbers

6. Nominee's Obligations: Duties and responsibilities of the Nominee Shareholder, including voting rights exercise and dividend handling

7. Beneficial Owner's Rights: Rights of the Beneficial Owner regarding the shares, including economic benefits and direction rights

8. Voting Rights: Procedures for exercising voting rights and obtaining instructions from the Beneficial Owner

9. Dividends and Distributions: Handling of dividends, distributions, and other benefits relating to the shares

10. Costs and Indemnification: Allocation of costs and indemnification provisions

11. Duration and Termination: Term of the trust arrangement and circumstances for termination

12. Transfer Provisions: Procedures for transferring shares back to the Beneficial Owner or their nominee

13. Governing Law and Jurisdiction: Specification of Indian law as governing law and jurisdiction for disputes

Optional Sections

1. Confidentiality: Provisions for maintaining confidentiality of the arrangement, used when parties want explicit confidentiality obligations

2. Power of Attorney: Optional clause granting specific powers to the Nominee, used when additional authority is needed

3. Tax Provisions: Detailed tax handling provisions, used when specific tax arrangements need to be documented

4. Foreign Investment Compliance: Additional provisions for foreign beneficial owners to ensure compliance with FDI regulations

5. Corporate Actions: Specific provisions for handling corporate actions like rights issues or bonus shares, used for listed company shares

6. Dispute Resolution: Detailed arbitration or mediation procedures, used when parties want alternative dispute resolution mechanisms

Suggested Schedules

1. Schedule 1 - Share Details: Detailed list of shares including share certificate numbers, distinctive numbers, and class of shares

2. Schedule 2 - Company Details: Details of the company whose shares are held in trust, including registration information

3. Schedule 3 - Powers of Attorney: Format of power of attorney if required for specific actions

4. Appendix A - Nominee Instructions Form: Standard form for Beneficial Owner to give instructions to Nominee

5. Appendix B - Transfer Form: Pre-signed share transfer form for use upon termination

6. Appendix C - Beneficial Ownership Declaration: Format for beneficial ownership declarations required under Companies Act

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

Investment Management

Private Equity

Family Offices

Corporate Services

Legal Services

Business Process Outsourcing

Professional Services

Real Estate

Manufacturing

Technology

Retail

Relevant Teams

Legal

Compliance

Corporate Secretarial

Corporate Governance

Investment Operations

Shareholder Services

Corporate Affairs

Risk Management

Legal Operations

Relevant Roles

Company Secretary

Legal Counsel

Corporate Lawyer

Compliance Officer

Trust Administrator

Investment Manager

Director of Legal Affairs

Corporate Governance Officer

Chief Legal Officer

Family Office Manager

Investment Director

Corporate Affairs Manager

Legal Operations Manager

Shareholder Services 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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