The Trust Declaration Form serves as the foundational document for establishing trust arrangements recognized under Swiss law. While Switzerland doesn't have its own trust law, it recognizes foreign trusts through The Hague Convention on Trusts, ratified in 2007. This document is essential for individuals and entities seeking to establish trust structures for asset protection, estate planning, or wealth management purposes in Switzerland. The declaration must detail the trust's structure, parties involved, asset disposition, and governance framework while ensuring compliance with Swiss regulatory requirements, particularly in areas of anti-money laundering and financial supervision. It's commonly used in private wealth management, family office arrangements, and international estate planning, requiring careful consideration of both international trust principles and Swiss regulatory framework.
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1. Declaration and Parties: Identifies the Settlor, Trustee(s), and date of trust creation, including their full legal names and addresses
2. Background: Explains the context and purpose for establishing the trust
3. Definitions: Defines key terms used throughout the declaration
4. Trust Property: Detailed description of assets being placed in trust
5. Beneficiaries: Clear identification of beneficiaries and their respective interests
6. Powers and Duties of Trustees: Comprehensive outline of trustee authorities and responsibilities
7. Trust Administration: Rules and procedures for managing the trust
8. Distribution Provisions: Terms and conditions for distributing trust assets
9. Duration of Trust: Specification of trust period and termination conditions
10. Governing Law and Jurisdiction: Confirms Swiss law application and jurisdictional matters
11. Execution: Signature blocks and execution requirements
1. Protector Provisions: Include when a trust protector is appointed to oversee trustee actions
2. Investment Guidelines: Include when specific investment restrictions or guidelines are needed
3. Successor Trustees: Include when specific provisions for trustee succession are required
4. Letter of Wishes: Include when the settlor wishes to provide non-binding guidance to trustees
5. Anti-Money Laundering Compliance: Include detailed AML provisions when trust involves significant assets or complex structures
6. Tax Considerations: Include when specific tax planning objectives need to be addressed
7. Dispute Resolution: Include when specific dispute resolution mechanisms are desired beyond standard court jurisdiction
1. Schedule A - Trust Property: Detailed inventory of initial trust assets
2. Schedule B - Beneficiary Details: Complete information about beneficiaries including contact details and shares
3. Schedule C - Administrative Provisions: Detailed procedures for trust administration
4. Schedule D - Fee Schedule: Trustee compensation and fee structure
5. Appendix 1 - KYC Documentation: Required due diligence documents for Swiss compliance
6. Appendix 2 - Tax Residency Declarations: Tax status declarations for relevant parties
7. Appendix 3 - Investment Policy Statement: Detailed investment guidelines and restrictions
Authors
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Clauses
Relevant Industries
Financial Services
Private Banking
Wealth Management
Legal Services
Estate Planning
Family Office Services
Tax Advisory
Asset Management
Private Client Services
Insurance
Relevant Teams
Legal
Wealth Management
Compliance
Private Banking
Trust Administration
Risk Management
Tax Advisory
Estate Planning
Client Relations
Financial Advisory
Relevant Roles
Wealth Manager
Trust Officer
Private Banker
Legal Counsel
Tax Advisor
Compliance Officer
Estate Planner
Financial Advisor
Trust Administrator
Relationship Manager
Family Office Manager
Asset Manager
Risk Manager
Corporate Trustee
Private Client Lawyer
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