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Agreement And Declaration Of Trust

Agreement And Declaration Of Trust Template for Hong Kong

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Agreement And Declaration Of Trust

I need an Agreement And Declaration of Trust for a family business succession plan in Hong Kong, where company shares will be held in trust for my three children who are currently minors, with my brother acting as trustee and a professional protector to be appointed from March 2025.

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Document background
The Agreement And Declaration of Trust is a fundamental document in Hong Kong's trust law practice, used to formally establish trust arrangements for various purposes including estate planning, asset protection, and business succession. It is particularly relevant in Hong Kong's dynamic financial environment, where trusts serve as essential vehicles for both personal wealth management and commercial arrangements. The document must be drafted in compliance with Hong Kong's Trustee Ordinance and related legislation, while considering the territory's status as an international financial hub. This trust instrument details the transfer of assets to trustees, defines beneficiary interests, establishes trustee powers and obligations, and provides comprehensive administrative provisions. It's commonly used by high-net-worth individuals, family offices, and businesses seeking to establish structured asset management arrangements with clear governance frameworks.
Suggested Sections

1. Parties: Identifies and defines the Settlor, Trustee(s), and any initial Beneficiaries

2. Background: Sets out the context and intention to create the trust

3. Definitions: Defines key terms used throughout the document

4. Declaration of Trust: The formal declaration establishing the trust and transferring assets to the trustee

5. Trust Property: Detailed description of the initial trust assets and how future assets may be added

6. Beneficiaries: Defines the class of beneficiaries and their respective interests

7. Powers of the Trustee: Comprehensive list of trustees' powers in managing and administering the trust

8. Duties of the Trustee: Statutory and specific duties imposed on the trustees

9. Trust Administration: Procedures for day-to-day management of the trust

10. Duration of Trust: Specifies the trust period and termination events

11. Distribution of Income and Capital: Rules governing how and when trust assets can be distributed

12. Appointment and Retirement of Trustees: Procedures for changing trustees

13. Governing Law and Jurisdiction: Specifies Hong Kong law as governing law and Hong Kong courts' jurisdiction

14. Execution: Signature blocks and execution formalities

Optional Sections

1. Protector Provisions: Include when a protector is appointed to oversee certain trustee actions

2. Letter of Wishes: Include when the settlor wishes to provide non-binding guidance to trustees

3. Investment Provisions: Include when specific investment powers or restrictions are needed beyond statutory powers

4. Excluded Beneficiaries: Include when certain persons are to be explicitly excluded from benefiting

5. Foreign Element Provisions: Include when trust has international aspects requiring specific handling

6. Tax Provisions: Include when specific tax planning objectives need to be addressed

7. Minor Beneficiaries: Include when beneficiaries include or may include minors

8. Conflict Resolution: Include when specific dispute resolution procedures are desired

Suggested Schedules

1. Schedule 1 - Trust Property: Detailed inventory of initial trust assets

2. Schedule 2 - Initial Beneficiaries: List of named initial beneficiaries and their respective interests

3. Schedule 3 - Trustee Powers: Detailed list of specific powers granted to trustees beyond statutory powers

4. Schedule 4 - Trustee Remuneration: Details of any professional trustee fees and expense reimbursement

5. Appendix A - Deed of Retirement and Appointment: Template for future trustee changes

6. Appendix B - Meeting Procedures: Procedures for trustee meetings and decision-making

Authors

Alex Denne

Head of Growth (Open Source Law) @ 黑料视频 | 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

Wealth Management

Real Estate

Family Office

Private Banking

Professional Services

Asset Management

Corporate Services

Estate Planning

Investment Management

Private Equity

Insurance

Relevant Teams

Legal

Wealth Management

Trust Services

Private Client Services

Compliance

Corporate Services

Estate Planning

Asset Management

Risk Management

Investment Advisory

Client Relations

Trust Operations

Relevant Roles

Trust Lawyer

Private Wealth Manager

Estate Planning Attorney

Trust Administrator

Compliance Officer

Family Office Manager

Corporate Trustee

Trust Account Manager

Private Client Advisor

Trust Operations Manager

Wealth Planning Consultant

Trust Services Director

Asset Protection Specialist

Trust Relationship Manager

Legal Counsel

Professional Trustee

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, 聽Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination, 聽Severance Pay, Governing Law, Entire Agreemen

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