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Nominee Declaration Of Trust
"I need a Nominee Declaration of Trust under Philippine law for holding 10,000 shares in ABC Corporation Ltd as nominee for a foreign beneficial owner, with specific provisions for voting rights and dividend distributions, to be effective from March 1, 2025."
1. Parties: Identifies the Trustee (Nominee) and the Beneficial Owner, including their full legal names, addresses, and contact details
2. Background: Sets out the context of the trust arrangement and the intention to create a nominee relationship
3. Definitions: Defines key terms used throughout the document
4. Declaration of Trust: Formal declaration by the Nominee confirming they hold the Trust Property on behalf of the Beneficial Owner
5. Trust Property: Detailed description of the assets held in trust
6. Nominee's Obligations: Lists the duties and responsibilities of the Nominee in managing the Trust Property
7. Beneficial Owner's Rights: Specifies the rights retained by the Beneficial Owner over the Trust Property
8. Instructions and Communications: Procedures for how the Beneficial Owner may give instructions to the Nominee
9. Fees and Expenses: Details of any fees payable to the Nominee and handling of trust-related expenses
10. Duration and Termination: Terms regarding the length of the trust arrangement and circumstances for termination
11. Governing Law and Jurisdiction: Confirms Philippine law as governing law and specifies jurisdiction for disputes
1. Voting Rights: Required when the Trust Property includes shares or securities with voting rights
2. Dividend and Distribution Rights: Needed when the Trust Property generates income or distributions
3. Transfer and Assignment: Include when the parties want to specify rules for transferring beneficial ownership
4. Confidentiality: Optional section for adding specific confidentiality obligations
5. Anti-Money Laundering Compliance: Required for high-value trust arrangements or when dealing with regulated assets
6. Multiple Beneficial Owners: Required when there is more than one beneficial owner
7. Nominee's Indemnification: Optional protection for the Nominee against certain liabilities
1. Schedule 1 - Trust Property Details: Comprehensive list and description of all assets held in trust
2. Schedule 2 - Fee Schedule: Detailed breakdown of all fees and charges applicable to the trust arrangement
3. Schedule 3 - Authorized Representatives: List of persons authorized to give instructions on behalf of the Beneficial Owner
4. Appendix A - Communication Protocols: Detailed procedures for communications between parties
5. Appendix B - Required Notices and Filings: List of regulatory notices and filings required under Philippine law
Authors
Financial Services
Real Estate
Investment Management
Corporate Services
Banking
Securities and Trading
Property Development
Mining and Natural Resources
Manufacturing
Professional Services
Legal
Compliance
Corporate Secretarial
Risk Management
Finance
Investment
Trust Administration
Corporate Governance
Asset Management
Corporate Lawyer
Legal Counsel
Compliance Officer
Corporate Secretary
Trust Officer
Investment Manager
Chief Legal Officer
Chief Compliance Officer
Company Director
Financial Controller
Asset Manager
Property Manager
Board Secretary
Risk Manager
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