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Nominee Trust Agreement
"I need a Nominee Trust Agreement for a commercial real estate investment structure where three international investors will be beneficial owners, with a professional corporate trustee holding legal title to properties in Toronto, requiring quarterly reporting and specific investment restrictions."
1. Parties: Identifies and provides full details of the Settlor, Nominee Trustee(s), and any other primary parties to the agreement
2. Background: Sets out the context and purpose of the nominee trust arrangement
3. Definitions: Defines key terms used throughout the agreement
4. Declaration of Trust: Formally establishes the trust and specifies the trust property
5. Appointment of Nominee Trustee: Details the appointment of the nominee trustee(s) and their acceptance of the role
6. Powers and Duties of Trustee: Comprehensive listing of the nominee trustee's powers and responsibilities
7. Direction and Control: Specifies how the beneficial owner(s) may direct the nominee trustee
8. Trust Administration: Details the practical administration of the trust, including meetings, decisions, and record-keeping
9. Liability and Indemnification: Outlines the trustee's liability limitations and indemnification provisions
10. Compensation: Specifies fees and expenses payable to the nominee trustee
11. Amendment and Termination: Procedures for modifying the trust agreement and circumstances for termination
12. General Provisions: Standard clauses including governing law, notices, and severability
1. Successor Trustee Provisions: Used when specific provisions for trustee succession are required, including appointment process and transition procedures
2. Co-Trustee Provisions: Included when multiple trustees are appointed, defining their relationship and decision-making process
3. Investment Guidelines: Required when the trust involves investment activities, specifying permitted investments and strategy
4. Tax Treatment: Detailed tax provisions when specific tax planning is part of the trust structure
5. Foreign Property Provisions: Included when trust property includes assets in other jurisdictions
6. Dispute Resolution: Specific procedures for resolving disputes when standard court proceedings are not preferred
7. Digital Assets: Provisions for handling digital assets when they form part of the trust property
1. Schedule A - Trust Property: Detailed inventory and description of all assets held in trust
2. Schedule B - Beneficial Ownership: Details of beneficial ownership interests and any conditions or restrictions
3. Schedule C - Fee Schedule: Detailed breakdown of trustee compensation and expense reimbursement
4. Schedule D - Operating Procedures: Specific procedures for trust administration and decision-making
5. Appendix 1 - Forms: Standard forms for trust administration, including direction forms and transfer documents
6. Appendix 2 - Reporting Requirements: Templates and requirements for periodic reporting to beneficial owners
Authors
Real Estate
Financial Services
Investment Management
Corporate Services
Private Wealth Management
Property Development
Securities and Investment
Professional Services
Family Business
Asset Management
Legal
Compliance
Trust Administration
Wealth Management
Real Estate
Corporate Services
Tax Advisory
Investment Management
Risk Management
Operations
Trust Officer
Legal Counsel
Corporate Trustee
Estate Planning Lawyer
Wealth Manager
Property Manager
Investment Advisor
Tax Specialist
Compliance Officer
Trust Administrator
Corporate Secretary
Financial Advisor
Real Estate Manager
Asset Manager
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