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Business Trust Deed

Business Trust Deed Template for Malaysia

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Key Requirements PROMPT example:

Business Trust Deed

"I need a Business Trust Deed for a Malaysian real estate portfolio comprising three commercial properties, with quarterly distribution requirements and specific provisions for property management and valuation procedures, targeted for completion by March 2025."

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Document background
The Business Trust Deed is a foundational document used in Malaysia when establishing a business trust structure, which allows for the separation of asset ownership from business operations. This structure is particularly useful for businesses with significant capital assets seeking efficient management and distribution of income to beneficiaries. The deed must comply with Malaysian legal requirements, including the Trustees Act 1949 and relevant securities regulations. It comprehensively addresses trust formation, governance structure, unitholder rights, asset management, distribution policies, and compliance requirements. The Business Trust Deed is essential for businesses looking to create a trust structure that can hold and manage assets while providing flexibility in ownership and distribution of benefits.
Suggested Sections

1. Parties: Identifies the trustee, trust manager, and any other key parties to the trust deed

2. Background: Sets out the context and purpose for establishing the business trust

3. Definitions and Interpretation: Defines key terms used throughout the deed and interpretation rules

4. Establishment of Trust: Formally establishes the trust and sets out its name, purpose, and duration

5. Appointment and Powers of Trustee: Details the appointment, duties, powers, and limitations of the trustee

6. Appointment and Powers of Trust Manager: Outlines the role, responsibilities, and authority of the trust manager

7. Trust Property: Describes the initial trust property and provisions for additional contributions

8. Units and Unitholders: Sets out the nature of units, unitholder rights, and the register of unitholders

9. Distributions: Details the distribution policy and procedures for making distributions to unitholders

10. Meetings of Unitholders: Procedures for calling and conducting unitholder meetings

11. Financial Statements and Audit: Requirements for financial reporting and appointment of auditors

12. Fees and Expenses: Details all fees payable to the trustee, manager, and other service providers

13. Indemnities and Limitations of Liability: Provisions for indemnification and liability limitations for the trustee and manager

14. Termination and Winding Up: Circumstances and procedures for terminating the trust

15. Governing Law and Dispute Resolution: Specifies applicable law and methods for resolving disputes

Optional Sections

1. Investment Guidelines: Detailed investment policies and restrictions - include when the trust has specific investment objectives

2. Borrowing Powers: Specific provisions regarding borrowing limits and procedures - include when the trust will engage in borrowing

3. Related Party Transactions: Procedures for handling related party transactions - include when significant related party dealings are anticipated

4. Foreign Ownership Restrictions: Restrictions on foreign ownership of units - include when relevant to the trust's regulatory environment

5. Environmental and Social Responsibility: ESG commitments and policies - include when the trust has specific ESG objectives

6. Special Purpose Vehicles: Provisions for establishing and managing SPVs - include when the trust structure involves subsidiary entities

7. Multiple Classes of Units: Provisions for different unit classes - include when the trust will issue different classes of units

Suggested Schedules

1. Schedule 1 - Initial Trust Property: Detailed description of the initial assets of the trust

2. Schedule 2 - Fee Structure: Detailed breakdown of all fees and charges

3. Schedule 3 - Meeting Procedures: Detailed procedures for unitholder meetings

4. Schedule 4 - Valuation Methods: Methods and procedures for valuing trust assets

5. Schedule 5 - Distribution Rules: Detailed rules and procedures for calculating and making distributions

6. Schedule 6 - Form of Transfer Instrument: Prescribed form for transferring units

7. Schedule 7 - Subscription Agreement: Form of agreement for subscribing to units

8. Appendix A - Compliance Procedures: Detailed compliance and reporting procedures

9. Appendix B - Management and Administration: Detailed procedures for day-to-day management

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








































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Relevant Industries

Real Estate

Infrastructure

Healthcare

Hospitality

Renewable Energy

Transportation

Telecommunications

Industrial Assets

Retail

Logistics

Mining

Agriculture

Relevant Teams

Legal

Finance

Compliance

Corporate Secretarial

Risk Management

Operations

Investment

Tax

Treasury

Asset Management

Relevant Roles

Chief Executive Officer

Chief Financial Officer

Chief Legal Officer

Company Secretary

Trust Manager

Asset Manager

Compliance Officer

Corporate Treasurer

Investment Manager

Risk Manager

Financial Controller

Legal Counsel

Tax Director

Corporate Governance Officer

Operations Director

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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