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Declaration Of Bare Trust Template for Malaysia

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Key Requirements PROMPT example:

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."

Document background
The Declaration of Bare Trust is a crucial legal instrument in Malaysian property and asset management, used when there is a need to separate legal and beneficial ownership while maintaining the beneficiary's absolute control over the assets. This document type is commonly utilized in property transactions, family wealth planning, and corporate structuring where the trustee's role is purely nominal. The declaration must comply with Malaysian trust law, particularly the Trustee Act 1949, and clearly establish the trust relationship, specify the trust property, and outline the limited role of the trustee. It's particularly useful in situations where confidentiality is desired, or when facilitating property transfers and asset protection strategies. The document includes detailed identification of all parties, comprehensive description of trust property, and clear delineation of rights and obligations.
Suggested Sections

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

Optional Sections

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

Suggested Schedules

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

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

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Relevant Industries

Real Estate

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Legal

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Risk Management

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Company Secretarial

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Trust Officer

Legal Counsel

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Corporate Secretary

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