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Nominee Declaration Of Trust

Nominee Declaration Of Trust Template for Hong Kong

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Key Requirements PROMPT example:

Nominee Declaration Of Trust

I need a Nominee Declaration of Trust for my Hong Kong company where ABC Corporate Services Limited will act as nominee holder of 10,000 shares in XYZ Trading Limited and two commercial properties in Central, with quarterly reporting requirements and specific voting rights instructions.

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Document background
The Nominee Declaration of Trust is essential in Hong Kong's business and investment landscape where nominee arrangements are commonly used for various legitimate purposes. This document is typically employed when there's a need to separate legal and beneficial ownership of assets, such as in corporate structuring, share holdings, or property investments. It provides clear evidence of the trust relationship and protects the interests of both the nominee and the beneficial owner. The declaration must comply with Hong Kong's trust laws, particularly the Trustee Ordinance (Cap. 29), and should address anti-money laundering requirements. The document includes detailed information about the trust property, parties' rights and obligations, operational procedures, and termination provisions. It's particularly important in Hong Kong's financial center context, where complex ownership structures are common in international business transactions.
Suggested Sections

1. Parties: Identifies the Declarant/Nominee (trustee) and the Beneficial Owner (beneficiary), including full legal names and addresses

2. Background: Sets out the context of the nominee arrangement and confirms the intention to create the trust

3. Definitions: Defines key terms used throughout the declaration, including 'Trust Property', 'Beneficial Owner', 'Nominee', etc.

4. Declaration of Trust: The formal declaration that the Nominee holds the Trust Property on trust for the Beneficial Owner

5. Trust Property: Describes the property or assets being held in trust

6. Nominee's Obligations: Details the duties and responsibilities of the Nominee in managing the Trust Property

7. Rights of the Beneficial Owner: Specifies the rights retained by the Beneficial Owner over the Trust Property

8. Instructions and Communications: Procedures for how the Beneficial Owner may give instructions to the Nominee

9. Costs and Indemnity: Provisions regarding expenses, fees, and indemnification of the Nominee

10. Termination: Circumstances and procedures for terminating the trust arrangement

11. Governing Law and Jurisdiction: Specifies Hong Kong law as governing law and jurisdiction for disputes

Optional Sections

1. Voting Rights: Required when trust property includes shares - specifies how voting rights are to be exercised

2. Dividend and Distribution Policy: Required for trusts involving income-generating assets - specifies how income is to be handled

3. Replacement of Nominee: Optional provisions for changing the Nominee if needed

4. Confidentiality: Additional confidentiality provisions if required beyond standard trust obligations

5. Anti-Money Laundering Compliance: Additional AML provisions for high-value trusts or regulated assets

6. Security Interests: Required when the Trust Property is subject to any charges or security interests

7. Foreign Law Compliance: Required when trust property has international elements or cross-border implications

Suggested Schedules

1. Schedule 1 - Trust Property: Detailed description and/or list of all assets held in trust

2. Schedule 2 - Specimen Signatures: Specimen signatures of authorized signatories for both Nominee and Beneficial Owner

3. Schedule 3 - Fee Schedule: If applicable, details of any fees payable to the Nominee

4. Appendix A - Form of Instructions: Standard form for Beneficial Owner to issue instructions to Nominee

5. Appendix B - Supporting Documents: Copies of relevant certificates, licenses, or other documents evidencing ownership of Trust Property

Authors

Alex Denne

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

alex.den.21@genieai.co
Relevant legal definitions























Clauses



























Relevant Industries

Financial Services

Real Estate

Investment Management

Corporate Services

Trust Services

Legal Services

Banking

Securities and Trading

Family Office

Private Wealth Management

Relevant Teams

Legal

Compliance

Corporate Secretarial

Trust Administration

Wealth Management

Risk Management

Corporate Services

Financial Operations

Investment Management

Relevant Roles

Corporate Lawyer

Trust Manager

Company Secretary

Compliance Officer

Legal Counsel

Trust Administrator

Wealth Manager

Corporate Services Manager

Financial Director

Investment Manager

Risk Manager

Private Client Advisor

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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