A Share Trust Agreement is essential when establishing a trust structure for holding and managing shares in India. This document is commonly used in various scenarios including employee stock ownership plans (ESOPs), family wealth management, corporate restructuring, and succession planning. The agreement must comply with Indian legal requirements, particularly the Indian Trusts Act, 1882, SEBI regulations, and the Companies Act, 2013. It details the trust's governance structure, including appointment and removal of trustees, investment powers, distribution rules, and beneficiary rights. The document is crucial for ensuring proper management of share assets while protecting the interests of all parties involved and maintaining compliance with Indian regulatory requirements.
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1. Parties: Identifies the settlor(s), trustee(s), and initial beneficiaries
2. Background: Sets out the context and purpose of the trust arrangement
3. Definitions and Interpretation: Defines key terms and establishes interpretation rules
4. Declaration of Trust: Formal creation of the trust and transfer of initial shares
5. Trust Powers and Obligations: Details the powers and duties of trustees in managing trust assets
6. Beneficiary Rights and Interests: Specifies beneficiaries' entitlements and rights under the trust
7. Administration of Trust: Procedures for trust management, meetings, and decision-making
8. Investment Powers: Specifies permitted investment activities and limitations
9. Distribution Rules: Rules governing distribution of trust income and capital
10. Appointment and Removal of Trustees: Processes for changing trustees
11. Amendment and Termination: Provisions for modifying trust terms and eventual termination
12. Governing Law and Jurisdiction: Specifies applicable law and dispute resolution forum
1. Multiple Trustees Provisions: Additional provisions when more than one trustee is appointed
2. Voting Rights: Special provisions regarding exercise of voting rights attached to trust shares
3. Successor Trustee Provisions: Detailed procedure for succession planning of trustees
4. Trust Committee: Establishment and powers of a trust committee if required
5. Corporate Trustee Provisions: Specific provisions when trustee is a corporate entity
6. Remuneration of Trustees: Details of trustee compensation if applicable
7. Protector Provisions: Appointment and powers of trust protector if required
8. Conflict Resolution: Detailed dispute resolution mechanisms beyond standard jurisdiction clause
1. Schedule 1 - Initial Trust Property: Details of shares initially settled in trust
2. Schedule 2 - Trustee Powers: Comprehensive list of specific powers granted to trustees
3. Schedule 3 - Beneficiary Details: Complete information about initial beneficiaries and their interests
4. Schedule 4 - Investment Guidelines: Detailed investment policies and restrictions
5. Schedule 5 - Distribution Rules: Specific rules and formulas for calculating distributions
6. Appendix A - KYC Requirements: Documentation requirements for trustees and beneficiaries
7. Appendix B - Trust Administration Procedures: Detailed operational procedures for trust administration
8. Appendix C - Forms: Standard forms for various trust-related actions and notifications
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