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Declaration Of Trust For Shares Template for Philippines

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Key Requirements PROMPT example:

Declaration Of Trust For Shares

"I need a Declaration of Trust for Shares to be drafted where I will act as trustee holding 10,000 shares in ABC Manufacturing Corp. for my three adult children as beneficiaries, with equal beneficial ownership and specific provisions for dividend distribution."

Document background
A Declaration of Trust for Shares is commonly used in the Philippines when there is a need to separate legal and beneficial ownership of corporate shares. This document is particularly relevant in situations involving family wealth management, corporate restructuring, or nominee arrangements. It must comply with the Philippine Civil Code's trust provisions and the Revised Corporation Code's requirements for share transfers and ownership. The declaration typically details the specific shares held in trust, the rights and obligations of both trustee and beneficiary, and the terms governing the trust relationship. It's essential for establishing clear evidence of beneficial ownership and preventing future disputes over share ownership and control. The document is frequently used in conjunction with corporate secretarial documentation and may require registration with relevant authorities depending on the nature of the shares and parties involved.
Suggested Sections

1. Parties: Identification of the Trustee and the Beneficiary/Beneficiaries, including their full legal names, addresses, and capacities

2. Background: Recitals explaining the context of the trust creation, ownership of shares, and purpose of the declaration

3. Definitions: Definitions of key terms used throughout the document, including 'Trust Shares', 'Trust Property', 'Trust Period', etc.

4. Declaration of Trust: Express declaration that the Trustee holds the specified shares on trust for the Beneficiary

5. Trust Property: Detailed description of the shares held in trust, including company details, number of shares, and share certificate numbers

6. Trustee Powers and Duties: Comprehensive list of trustee's powers and obligations in managing the trust shares

7. Rights of Beneficiaries: Specification of beneficiaries' rights regarding dividends, voting, and information

8. Duration and Termination: Terms specifying the trust period and circumstances for termination

9. Governing Law and Jurisdiction: Specification that Philippine law governs and designation of courts having jurisdiction

Optional Sections

1. Dividend Policy: Detailed provisions for handling dividends when specific dividend arrangements are needed

2. Voting Rights: Specific provisions about how voting rights are to be exercised when the trust includes voting shares

3. Successor Trustees: Provisions for appointment of successor trustees when long-term trust arrangements are contemplated

4. Anti-Money Laundering Compliance: Additional provisions for compliance with AMLA when dealing with substantial share values or high-risk situations

5. Transfer Restrictions: Specific restrictions on transfer of beneficial interests when multiple beneficiaries are involved

6. Tax Provisions: Specific tax-related provisions when complex tax arrangements are needed

Suggested Schedules

1. Schedule 1 - Share Details: Detailed list of shares including share certificate numbers, dates of issue, and nominal values

2. Schedule 2 - Company Information: Details of the company whose shares are held in trust, including registration number and registered office

3. Schedule 3 - Beneficiary Information: Details of beneficiaries and their respective beneficial interests if multiple beneficiaries

4. Appendix A - Board Resolution: Copy of board resolution approving the trust arrangement if required by company articles

5. Appendix B - Share Certificates: Copies of relevant share certificates

6. Appendix C - Corporate Documents: Copies of relevant corporate documents evidencing authority to create trust

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

Relevant legal definitions









































Clauses






























Relevant Industries

Financial Services

Legal Services

Investment Management

Family Business

Corporate Services

Private Equity

Real Estate Investment

Holdings Companies

Professional Services

Trust Services

Relevant Teams

Legal

Corporate Secretarial

Compliance

Risk Management

Corporate Governance

Investment Management

Wealth Management

Board of Directors

Executive Management

Trust Administration

Relevant Roles

Corporate Secretary

Legal Counsel

Trust Officer

Compliance Officer

Investment Manager

Wealth Manager

Corporate Lawyer

Managing Director

Board Director

Chief Executive Officer

Chief Financial Officer

Family Office Manager

Corporate Governance Officer

Risk Management Officer

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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