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Declaration Of Bare Trust
"I need a Declaration of Bare Trust to be drafted for three trustees who will hold a commercial property in Kuala Lumpur on behalf of a corporate beneficiary, with the arrangement to commence from March 1, 2025."
1. Parties: Identifies and defines the Settlor, Trustee(s), and Beneficiary(ies) with their full legal names and addresses
2. Background: Sets out the context of the trust creation and the intention to create a bare trust relationship
3. Definitions: Defines key terms used throughout the declaration including 'Trust Property', 'Trust Period', and other relevant terms
4. Declaration of Trust: The formal declaration establishing the bare trust and confirming the trustee holds the property for the beneficiary
5. Trust Property: Detailed description and identification of the property being held in trust
6. Trustee Powers and Duties: Specifies the limited role of the trustee in a bare trust, emphasizing their duty to follow beneficiary instructions
7. Beneficiary Rights: Confirms the beneficiary's absolute right to the capital and income of the trust property and right to direct the trustee
8. Duration of Trust: Specifies the trust period and any conditions for termination
9. Governing Law: Confirms that the trust is governed by Malaysian law
10. Execution: Formal execution clause and signature blocks for all parties
1. Successor Trustees: Include when provisions for replacement trustees are required
2. Tax Provisions: Include when specific tax treatment needs to be addressed
3. Multiple Beneficiaries: Include when there are multiple beneficiaries to specify their respective interests
4. Foreign Assets: Include when trust property includes assets located outside Malaysia
5. Revocation Powers: Include if the settlor wishes to retain power to revoke the trust
6. Trustee Indemnity: Include when additional trustee protection is required beyond statutory provisions
1. Schedule 1 - Trust Property: Detailed inventory and description of all assets held in trust
2. Schedule 2 - Initial Trustees: Details of initial trustees including full legal names, addresses, and identification
3. Schedule 3 - Beneficiaries: Full details of beneficiaries including legal names, addresses, and their respective interests
4. Appendix A - Property Documents: Copies of relevant property titles, registration documents, or other asset proof of ownership
5. Appendix B - Consent Forms: Any required consent forms from relevant parties or regulatory bodies
Authors
Real Estate
Financial Services
Wealth Management
Private Banking
Corporate Services
Family Office
Investment Management
Property Development
Professional Services
Legal Services
Legal
Compliance
Wealth Management
Property Management
Corporate Services
Trust Administration
Risk Management
Financial Advisory
Asset Management
Company Secretarial
Trust Officer
Legal Counsel
Property Manager
Wealth Manager
Estate Planner
Corporate Secretary
Compliance Officer
Financial Advisor
Asset Manager
Trust Administrator
Private Banker
Real Estate Manager
Legal Director
Risk Manager
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