The Leasehold Deed of Trust is employed in situations where parties wish to establish a trust structure over leasehold property rights in the Philippines. This arrangement is particularly useful for estate planning, corporate structuring, or managing property interests for multiple beneficiaries. The document details the trust's terms, trustee powers, beneficiary rights, and underlying lease conditions, all within the framework of Philippine law. It is commonly used in commercial real estate, family property arrangements, and corporate property management. The document must comply with Philippine trust and property laws, including the Civil Code of the Philippines and relevant property registration requirements. It provides security and structure for complex property arrangements while ensuring proper management and distribution of leasehold benefits.
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1. Parties: Identifies and defines the Trustor (lessor/property owner), Trustee, and Beneficiary, including their complete legal names, addresses, and capacities
2. Background: Sets out the context of the arrangement, including details of the property, existing lease arrangements, and the purpose of creating the trust
3. Definitions: Defines key terms used throughout the document, including Property, Trust Property, Trust Period, and other relevant terms
4. Declaration of Trust: Formal declaration establishing the trust over the leasehold interest, including the trust's purpose and duration
5. Property Details: Detailed description of the leasehold property being placed in trust, including its location, boundaries, and registration details
6. Lease Terms: Key terms of the underlying lease, including duration, rent, and maintenance obligations
7. Powers and Duties of Trustee: Comprehensive listing of trustee's authorities and responsibilities in managing the trust property
8. Rights and Obligations of Beneficiary: Details the beneficiary's entitlements and responsibilities under the trust arrangement
9. Trust Administration: Procedures for managing the trust, including financial management, reporting, and decision-making processes
10. Term and Termination: Duration of the trust arrangement and circumstances under which it may be terminated
11. Governing Law and Jurisdiction: Specifies Philippine law as governing law and designates jurisdiction for dispute resolution
1. Succession Planning: Optional provisions for succession of trustee or beneficiary roles, recommended when long-term trust arrangement is contemplated
2. Insurance Requirements: Detailed insurance provisions if specific coverage is required for the property
3. Environmental Provisions: Environmental compliance requirements, necessary for properties with potential environmental impacts
4. Security Deposit Arrangements: Provisions regarding handling of security deposits, if applicable to the lease arrangement
5. Sub-letting Provisions: Terms governing sub-letting rights, if sub-letting is to be permitted
6. Property Management: Detailed property management provisions, recommended for commercial properties
7. Tax Provisions: Specific tax handling arrangements, recommended for complex commercial arrangements
1. Schedule 1 - Property Description: Detailed technical description of the property, including lot numbers, boundaries, and technical specifications
2. Schedule 2 - Lease Agreement: Copy or key terms of the underlying lease agreement
3. Schedule 3 - Trust Property Inventory: Detailed inventory of all assets included in the trust
4. Schedule 4 - Trustee Compensation: Details of trustee fees and payment arrangements
5. Schedule 5 - Reporting Requirements: Templates and schedules for required trust reporting
6. Appendix A - Property Plans: Property plans, drawings, and surveys
7. Appendix B - Required Notices: Forms of notices required under the trust deed
8. Appendix C - Certificates of Title: Copies of relevant property titles and registration documents
Authors
Relevant legal definitions
Clauses
Relevant Industries
Real Estate
Commercial Property
Retail
Industrial
Office Space
Agriculture
Hospitality
Manufacturing
Warehouse and Logistics
Education
Relevant Teams
Legal
Real Estate
Property Management
Compliance
Corporate Secretariat
Facilities Management
Asset Management
Risk Management
Operations
Investment
Relevant Roles
Real Estate Manager
Property Manager
Legal Counsel
Corporate Lawyer
Trust Officer
Estate Planner
Asset Manager
Facilities Manager
Real Estate Director
Compliance Officer
Property Administrator
Land Registration Officer
Real Estate Development Manager
Investment Manager
Corporate Secretary
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