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Declaration of Trust

This Declaration of Trust template is used to formally record when a person holds shares or other assets as a nominee or trustee for the benefit of another party. It clarifies the beneficial ownership and the trustee's obligations.

Updated 15d ago
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Company Letterhead

{{company_name}}

{{company_address}}

Phone: {{phone}}

Email: {{email}}

Website: {{website}}

DECLARATION OF TRUST

THIS DECLARATION OF TRUST is made on this {{day}} day of {{month}}, {{year}}

PARTIES:

**THE TRUSTEE:** {{trustee_name}} of {{trustee_address}} (hereinafter referred to as "the Trustee").

**THE BENEFICIARY:** {{beneficiary_name}} of {{beneficiary_address}} (hereinafter referred to as "the Beneficiary").

BACKGROUND:

A. The Trustee has acquired or will acquire legal title to certain assets as described in Schedule 1 attached hereto (hereinafter referred to as "the Trust Property").

B. The parties acknowledge and agree that the Trustee holds the legal title to the Trust Property solely as a nominee and trustee for the sole and exclusive benefit of the Beneficiary.

C. This Declaration of Trust is made to formally record the beneficial ownership of the Trust Property and the duties and obligations of the Trustee in relation thereto.

DECLARATION OF TRUST:

1. **Declaration:** The Trustee hereby declares and confirms that it holds and will continue to hold the Trust Property (details of which are set out in Schedule 1 hereto) and all rights, title, and interest therein, upon trust for the Beneficiary absolutely and beneficially.

2. **Nominee Capacity:** The Trustee acknowledges and agrees that it holds the Trust Property solely in a nominee capacity and has no beneficial interest whatsoever in the Trust Property.

3. **Instructions of Beneficiary:** The Trustee undertakes to deal with the Trust Property, and all income and proceeds arising therefrom, strictly in accordance with the written instructions of the Beneficiary from time to time.

4. **No Encumbrance:** The Trustee shall not, without the prior written consent of the Beneficiary, sell, transfer, mortgage, charge, encumber, or otherwise dispose of the Trust Property or any part thereof.

5. **Indemnity:** The Beneficiary hereby indemnifies and agrees to keep indemnified the Trustee against all costs, claims, demands, expenses, and liabilities whatsoever which may be incurred by the Trustee in connection with the Trust Property or the performance of its duties as Trustee, save for any costs, claims, demands, expenses, and liabilities arising from the Trustee's gross negligence, willful misconduct, or breach of trust.

DUTIES OF THE TRUSTEE:

1. **Safeguarding Property:** The Trustee shall take all reasonable steps to safeguard the Trust Property and to preserve its value.

2. **Accountability:** The Trustee shall, upon reasonable request, provide the Beneficiary with full information and accounts relating to the Trust Property.

3. **Transfer:** The Trustee undertakes to transfer the legal title to the Trust Property, or any part thereof, to the Beneficiary or to any third party as directed by the Beneficiary, upon such terms as the Beneficiary may stipulate.

4. **Costs:** All costs and expenses incurred by the Trustee in connection with holding and dealing with the Trust Property shall be borne by the Beneficiary.

GOVERNING LAW:

This Declaration of Trust shall be governed by and construed in accordance with the laws of {{country_name}}.

SCHEDULE 1: THE TRUST PROPERTY

Description of Trust Property:

{{description_of_trust_property}}

Identification details (e.g., share certificates, account numbers, property title deeds):

{{identification_details}}

SIGNATURES:

IN WITNESS WHEREOF, the parties have executed this Declaration of Trust on the date first written above.

_____________________________

**THE TRUSTEE**

{{trustee_name}}

_____________________________

**THE BENEFICIARY**

{{beneficiary_name}}

**WITNESS:**

_____________________________

Signature

{{witness_full_name}}

{{witness_address}}

{{witness_occupation}}

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