A Property Trust Deed is essential when establishing a trust structure for property management in Malaysia. This document is commonly used for estate planning, asset protection, or family wealth management purposes. The deed must comply with Malaysian legislation, particularly the Trustees Act 1949 and National Land Code 1965, and includes detailed provisions about the trust property, trustee powers, beneficiary rights, and administration procedures. It's particularly useful for individuals and organizations seeking to separate legal and beneficial ownership of property, ensure proper succession planning, or manage property for beneficiaries who may be minors or require specialized arrangements. The document should be carefully drafted to address specific requirements of Malaysian trust law while meeting the settlor's intentions and beneficiaries' needs.
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1. Parties: Identifies the Settlor, Trustee(s), and any Beneficiaries of the trust
2. Background: Sets out the context and intention to create the trust
3. Definitions: Defines key terms used throughout the deed
4. Declaration of Trust: Formal declaration creating the trust and transferring the property
5. Trust Property: Detailed description of the property being placed in trust
6. Trust Terms: Core terms governing the trust including duration and beneficiary interests
7. Trustees' Powers: Comprehensive list of powers granted to trustees in managing the trust
8. Trustees' Duties: Obligations and responsibilities of trustees
9. Administrative Provisions: Procedures for trust administration including meetings and decision-making
10. Income and Capital Distribution: Rules for distributing trust income and capital
11. Appointment and Retirement of Trustees: Procedures for changing trustees
12. Governing Law and Jurisdiction: Specifies Malaysian law as governing law and relevant jurisdiction
1. Protector Provisions: Required when a trust protector is appointed to oversee trustees' actions
2. Minor Beneficiaries: Include when beneficiaries include persons under 18 years
3. Investment Provisions: Detailed investment powers and restrictions, needed for active investment trusts
4. Business Operation Provisions: Required when trust property includes business interests
5. Foreign Asset Provisions: Include when trust includes non-Malaysian assets
6. Shariah Compliance: Required for Islamic trust arrangements
7. Environmental Obligations: Include for properties with environmental responsibilities or risks
1. Schedule 1 - Property Description: Detailed legal description of the trust property including title details
2. Schedule 2 - Beneficiaries: List of beneficiaries and their respective interests
3. Schedule 3 - Initial Trustees: Details of the initial trustees including their particulars
4. Schedule 4 - Trustee Powers: Comprehensive list of specific powers granted to trustees
5. Schedule 5 - Trustee Remuneration: Details of any fees or compensation for trustees
6. Appendix A - Property Documents: Copies of relevant property documentation including title deeds
7. Appendix B - Compliance Certificates: Relevant regulatory or compliance certificates for the property
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