The Declaration Of Trust Form is a crucial document used in Switzerland when establishing formal trust arrangements, despite Switzerland not having its own domestic trust law. This document is essential for creating legally recognized trust structures under the Hague Trust Convention, which Switzerland has ratified. It's commonly used in wealth management, estate planning, and asset protection scenarios, where assets need to be held and managed by trustees for the benefit of specific beneficiaries. The document must comply with Swiss financial regulations, anti-money laundering laws, and international trust principles. It's particularly relevant for high-net-worth individuals, international families, and organizations seeking to establish trust arrangements with Swiss-based trustees or involving Swiss-based assets.
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1. Parties: Identification of the Settlor, Trustee(s), and named Beneficiaries
2. Background: Context of the trust creation and settlement of assets
3. Definitions: Key terms used throughout the document
4. Declaration: Formal declaration of trust and confirmation of trust property receipt
5. Trust Property: Detailed description of assets being placed in trust
6. Trust Terms: Duration, purpose, and fundamental operating principles of the trust
7. Trustee Powers: Comprehensive list of trustees' powers and authority
8. Trustee Duties: Obligations and responsibilities of trustees
9. Beneficiary Rights: Rights, interests, and entitlements of beneficiaries
10. Distribution Provisions: Rules and procedures for distributing trust assets
11. Administrative Provisions: General administrative matters including record-keeping requirements
12. Governing Law and Jurisdiction: Confirmation of Swiss law application and jurisdiction
13. 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. Tax Provisions: Include when specific tax planning objectives need to be addressed
5. Variation Powers: Include when specific powers to modify trust terms are needed
6. Arbitration Clause: Include when parties prefer dispute resolution through arbitration
7. Letter of Wishes: Include when settlor wants to provide non-binding guidance to trustees
1. Schedule 1 - Trust Property: Detailed inventory of initial trust assets
2. Schedule 2 - Beneficiary Details: Full details of all beneficiaries and their respective interests
3. Schedule 3 - Trustee Remuneration: Details of trustee fees and payment terms
4. Appendix A - Investment Guidelines: Specific investment parameters and restrictions
5. Appendix B - Administrative Procedures: Detailed procedures for trust administration
6. Appendix C - Reporting Requirements: Specific reporting obligations under Swiss law
7. Appendix D - Due Diligence Requirements: AML and KYC requirements under Swiss law
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