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Nominee Trust Agreement Template for Malaysia

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Key Requirements PROMPT example:

Nominee Trust Agreement

"I need a Nominee Trust Agreement for a Malaysian property development company acting as nominee trustee to hold multiple commercial properties in Kuala Lumpur on behalf of a Singapore-based investment firm, with quarterly reporting requirements and specific provisions for property management."

Document background
The Nominee Trust Agreement is a crucial legal instrument in Malaysian business and financial practices, commonly used when there's a need to separate legal and beneficial ownership of assets. This arrangement is particularly relevant in situations involving property holdings, investment structures, or corporate shareholdings where confidentiality and efficient asset management are priority concerns. The agreement, governed by Malaysian law and regulations, establishes the nominee trustee's role, defines the trust property, and sets out the mechanisms for managing the trust relationship. It includes essential provisions for compliance with Malaysian regulatory requirements, including those set by Bank Negara Malaysia and the Securities Commission, while providing clear guidelines for trust administration, reporting obligations, and the protection of beneficiary interests.
Suggested Sections

1. Parties: Identification of the Settlor, Nominee Trustee, and Beneficiary/Beneficiaries

2. Background: Context of the nominee trust arrangement and purpose of the agreement

3. Definitions: Definitions of key terms used throughout the agreement

4. Declaration of Trust: Formal establishment of the nominee trust and confirmation of the trust property

5. Nominee Trustee's Appointment: Terms of appointment and acceptance by the nominee trustee

6. Trust Property: Description and details of the assets held in trust

7. Powers and Duties of Nominee Trustee: Detailed outline of trustee's authority and responsibilities

8. Rights and Obligations of Beneficiary: Specification of beneficiary's entitlements and duties

9. Instructions and Directions: Process for giving and following instructions regarding trust property

10. Fees and Expenses: Details of trustee compensation and expense reimbursement

11. Indemnification: Protection and indemnification of the nominee trustee

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

13. Governing Law and Jurisdiction: Specification of Malaysian law and jurisdiction

14. Notices: Communication procedures between parties

15. General Provisions: Standard boilerplate clauses including severability, amendments, etc.

Optional Sections

1. Additional Trustees: Provisions for appointment and removal of additional trustees, used when multiple trustees are contemplated

2. Investment Powers: Specific investment authorities and restrictions, included when trust involves investment activities

3. Distribution Provisions: Detailed distribution mechanisms, used with multiple beneficiaries or complex distribution requirements

4. Foreign Asset Provisions: Special provisions for handling overseas assets, included when trust property includes foreign assets

5. Successor Trustee: Provisions for appointment of successor trustees, used in long-term trust arrangements

6. Dispute Resolution: Detailed arbitration or mediation procedures, included when parties prefer alternative dispute resolution

7. Anti-Money Laundering Compliance: Specific AML obligations and procedures, included for high-value or complex arrangements

Suggested Schedules

1. Schedule 1: Trust Property: Detailed inventory and description of assets held in trust

2. Schedule 2: Fee Schedule: Detailed breakdown of trustee fees and charges

3. Schedule 3: Authorized Signatories: List of persons authorized to give instructions to the trustee

4. Schedule 4: Form of Instructions: Template forms for giving instructions to the trustee

5. Schedule 5: KYC Requirements: Required documentation for Know Your Customer compliance

6. Appendix A: Powers of Trustee: Comprehensive list of trustee's powers and authorities

7. Appendix B: Compliance Requirements: Detailed regulatory compliance obligations and procedures

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

Relevant legal definitions






























Clauses

























Relevant Industries

Financial Services

Real Estate

Investment Management

Corporate Services

Banking

Wealth Management

Securities Trading

Asset Management

Property Development

Trust Services

Relevant Teams

Legal

Compliance

Corporate Secretarial

Trust Administration

Risk Management

Asset Management

Wealth Management

Property Management

Investment Operations

Client Services

Relevant Roles

Trust Officer

Legal Counsel

Compliance Officer

Corporate Secretary

Financial Manager

Asset Manager

Investment Director

Wealth Manager

Risk Manager

Property Manager

Company Director

Trust Administrator

Legal Manager

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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