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Hold Harmless Agreement For Trustee
"Need to draft a Hold Harmless Agreement for Trustee under Philippine law for a family trust managing real estate assets and investments, with three co-trustees who require protection from January 2025, including specific provisions for property development decisions."
1. Parties: Identification of the indemnifier(s), trustee(s), and any other relevant parties, including their full legal names and addresses
2. Background: Context of the trust arrangement, trustee appointment, and reason for the hold harmless agreement
3. Definitions: Key terms used throughout the agreement, including 'Trust Property', 'Indemnified Actions', 'Claims', and other relevant terminology
4. Scope of Indemnification: Detailed description of what actions, decisions, and circumstances are covered by the hold harmless protection
5. Trustee Duties and Protected Actions: Outline of the trustee's responsibilities and specific actions that are protected under the agreement
6. Limitations of Liability: Clear statement of what limitations apply to the trustee's liability and any exceptions to the hold harmless protection
7. Duration of Protection: Time period for which the hold harmless protection remains valid, including post-termination provisions
8. Claims Procedure: Process for handling any claims made against the trustee and the indemnifier's obligations
9. Governing Law and Jurisdiction: Specification of Philippine law as governing law and designation of jurisdiction for disputes
10. Execution: Signature blocks and execution requirements for all parties
1. Insurance Requirements: Details of required insurance coverage for the trustee, used when specific insurance arrangements are part of the protection scheme
2. Third-Party Claims: Specific provisions for handling claims from third parties, included when the trust involves significant third-party interactions
3. Corporate Authority: Required when any party is a corporation, containing representations about corporate authority to enter into the agreement
4. Dispute Resolution: Alternative dispute resolution provisions, included when parties wish to specify mediation or arbitration procedures
5. Survival Provisions: Specific terms that survive termination of the agreement, used in complex trust arrangements
6. Regulatory Compliance: Additional compliance requirements, included when the trust involves regulated activities or assets
1. Schedule A - Trust Property: Detailed list and description of the trust property covered by the hold harmless agreement
2. Schedule B - Specific Protected Actions: Comprehensive list of specific actions and decisions that are explicitly protected
3. Schedule C - Insurance Requirements: Detailed insurance requirements including types of coverage, limits, and insurers
4. Appendix 1 - Claims Procedure: Detailed procedure for processing and handling claims against the trustee
5. Appendix 2 - Required Notices: Forms and templates for required notices under the agreement
6. Appendix 3 - Corporate Resolutions: Copies of relevant corporate resolutions authorizing the agreement, if applicable
Authors
Banking and Financial Services
Real Estate
Family Office Services
Wealth Management
Corporate Services
Estate Planning
Investment Management
Insurance
Private Equity
Charitable Organizations
Healthcare
Education
Legal
Compliance
Risk Management
Trust Administration
Wealth Management
Corporate Services
Financial Control
Investment Management
Client Services
Operations
Trustee
Trust Officer
Trust Administrator
Compliance Officer
Legal Counsel
Risk Manager
Wealth Manager
Estate Planning Attorney
Trust Operations Manager
Fiduciary Services Director
Private Client Advisor
Trust Account Manager
Corporate Secretary
Financial Controller
Investment Manager
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