{{company_name}}
{{company_address}}
Phone: {{phone}} | Email: {{email}} | Web: {{website}}
Declaration of Trust
Declaration of Trust
{{company_name}} {{company_address}} Phone: {{phone}} Email: {{email}} Website: {{website}}
DECLARATION OF TRUST
This Declaration of Trust is made and entered into on this {{day}} day of {{month}}, {{year}}.
BETWEEN:
{{Trustee_Company_Name}} (Registration Number: {{Trustee_Company_Registration_Number}}), a company duly incorporated and existing under the laws of {{Jurisdiction_of_Incorporation}}, with its registered office at {{Trustee_Company_Address}} (hereinafter referred to as "the Trustee");
AND
{{Beneficiary_Company_Name}} (Registration Number: {{Beneficiary_Company_Registration_Number}}), a company duly incorporated and existing under the laws of {{Jurisdiction_of_Incorporation}}, with its registered office at {{Beneficiary_Company_Address}} (hereinafter referred to as "the Beneficiary").
RECITALS
WHEREAS the Trustee has acquired legal title to certain assets as described in Schedule A annexed hereto (hereinafter referred to as "the Trust Assets").
AND WHEREAS the Trustee acknowledges and declares that it holds the legal title to the Trust Assets solely as nominee and trustee for and on behalf of the Beneficiary, who is the true and beneficial owner of the Trust Assets.
AND WHEREAS the parties desire to formally record the terms and conditions upon which the Trustee holds the Trust Assets for the benefit of the Beneficiary.
DECLARATION OF TRUST
The Trustee hereby irrevocably declares and acknowledges that it holds and shall continue to hold the Trust Assets and all income, proceeds, and accessions thereto, in trust for the sole and exclusive benefit of the Beneficiary.
The Trustee shall at all times deal with the Trust Assets subject to the directions and instructions of the Beneficiary.
DUTIES AND POWERS OF THE TRUSTEE
The Trustee shall exercise all its powers and perform all its duties with respect to the Trust Assets solely for the benefit of the Beneficiary.
The Trustee undertakes to: (a) hold the Trust Assets securely; (b) deal with the Trust Assets as directed by the Beneficiary; (c) account to the Beneficiary for all dealings with the Trust Assets; and (d) sign all documents and do all things necessary to transfer legal title to the Trust Assets to the Beneficiary or its nominee upon demand.
The Trustee shall not be entitled to any beneficial interest in the Trust Assets.
INDEMNITY OF THE TRUSTEE
The Beneficiary hereby indemnifies and holds harmless the Trustee against all actions, proceedings, costs, claims, demands, and expenses whatsoever which may be brought against or incurred by the Trustee in connection with the Trust Assets or the performance of its duties as Trustee, except where such arise from the Trustee's gross negligence, wilful misconduct, or fraud.
TERMINATION OF TRUST
This Declaration of Trust shall terminate upon the earlier of: (a) the Beneficiary giving written notice to the Trustee requiring the transfer of the Trust Assets; or (b) the mutual written agreement of both parties.
Upon termination, the Trustee shall forthwith transfer legal title to all Trust Assets to the Beneficiary or its nominee as directed.
GOVERNING LAW AND JURISDICTION
This Declaration of Trust shall be governed by and construed in accordance with the laws of {{Governing_Law_Jurisdiction}}.
The parties irrevocably submit to the non-exclusive jurisdiction of the courts of {{Jurisdiction_for_Disputes}}.
GENERAL PROVISIONS
This Declaration of Trust constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior agreements, understandings, and negotiations.
No variation of this Declaration of Trust shall be effective unless in writing and signed by or on behalf of both parties.
Any notice required or permitted to be given under this Declaration of Trust shall be in writing and shall be delivered by hand, registered post, or email to the addresses set out above, or such other address as may be notified by a party from time to time.
SCHEDULE A: DESCRIPTION OF TRUST ASSETS
{{Description_of_Trust_Assets}}
SIGNATURES
IN WITNESS WHEREOF, the parties have executed this Declaration of Trust on the date first above written.
_____________________________
For: {{Trustee_Company_Name}}
Name: {{Trustee_Signatory_Name}}
Title: {{Trustee_Signatory_Title}}
_____________________________
For: {{Beneficiary_Company_Name}}
Name: {{Beneficiary_Signatory_Name}}
Title: {{Beneficiary_Signatory_Title}}
WITNESSES:
1. _____________________________
Name: {{Witness_1_Name}}
Address: {{Witness_1_Address}}
2. _____________________________
Name: {{Witness_2_Name}}
Address: {{Witness_2_Address}}
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