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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."
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.
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
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
Financial Services
Real Estate
Investment Management
Corporate Services
Banking
Wealth Management
Securities Trading
Asset Management
Property Development
Trust Services
Legal
Compliance
Corporate Secretarial
Trust Administration
Risk Management
Asset Management
Wealth Management
Property Management
Investment Operations
Client Services
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
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