A Declaration of Trust for Shares is commonly used in England and Wales when there's a need to separate legal and beneficial ownership of shares. This might occur in family business succession planning, employee share schemes, or tax planning arrangements. The document specifies how trustees should manage the shares, outlines beneficiaries' rights, and ensures compliance with trust law requirements. It provides clarity and protection for all parties involved and helps prevent future disputes about share ownership and control.
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1. Parties: Identifies the trustee(s) and beneficiary(ies) with full legal names and addresses
2. Background: Explains the context and purpose of the trust arrangement
3. Definitions: Defines key terms used throughout the document
4. Declaration of Trust: The formal declaration establishing the trust over the shares
5. Trust Terms: Core terms governing how the trust will operate
6. Trustees' Powers: Specific powers granted to trustees regarding the shares
7. Duration of Trust: Period for which the trust will exist
1. Appointment and Removal of Trustees: Process for changing trustees - include if multiple trustees or likely future changes
2. Trustee Remuneration: Terms for paying trustees - include when trustees will be professionally appointed
3. Investment Powers: Specific investment authorities for trustees - include when trust includes active investment management
1. Schedule 1: Share Details: Details of shares held in trust including company name, share class, number of shares
2. Schedule 2: Beneficiaries' Interests: Specific entitlements of different beneficiaries if multiple beneficiaries
3. Schedule 3: Original Share Certificates: Copies of relevant share certificates (if applicable)
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