Trust Deed And Note

Trust Deed And Note Generator for United Arab Emirates

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Key Requirements PROMPT example:

"I need a Trust Deed and Note for a family business succession structure in the DIFC, with three family member beneficiaries and professional trustee services, including specific investment restrictions and a five-year note component maturing in March 2025."

Document background

The Trust Deed and Note is a sophisticated legal instrument used in the United Arab Emirates, particularly within the DIFC and ADGM financial free zones, where trust laws are well-established. This document type serves a dual purpose: establishing a trust structure for asset management and incorporating a debt instrument component. It's commonly used in financial transactions, family wealth management, and corporate structuring where both asset protection and financing elements are required. The document must navigate the complexities of UAE federal law, free zone regulations, and potentially Sharia compliance requirements. The Trust Deed and Note typically includes comprehensive provisions for trust administration, investment powers, beneficiary rights, and specific terms relating to the note component, making it particularly valuable for structured finance transactions and wealth preservation strategies.

Suggested Sections

1. Parties: Identification of the Settlor, Trustee(s), and any initial Beneficiaries

2. Background: Context of the trust creation, intention of the settlor, and purpose of the trust

3. Definitions: Definitions of key terms used throughout the deed, including Trust Property, Trust Period, and Investment Powers

4. Declaration of Trust: Formal declaration establishing the trust and transfer of assets to trustees

5. Trust Property: Detailed description of the initial trust property, including any notes or financial instruments

6. Powers and Duties of Trustees: Comprehensive outline of trustee powers, responsibilities, and limitations

7. Investment Powers: Specific powers relating to investment of trust assets and any restrictions

8. Beneficiary Rights: Rights of beneficiaries, including distribution provisions and access to information

9. Trust Administration: Administrative provisions including meetings, record-keeping, and reporting requirements

10. Duration and Termination: Trust period, circumstances for termination, and distribution upon termination

11. Governing Law and Jurisdiction: Specification of UAE law application and relevant jurisdiction (federal/DIFC/ADGM)

12. Execution: Execution blocks and attestation requirements

Optional Sections

1. Sharia Compliance: Required if the trust needs to be Sharia-compliant, including relevant scholar certifications

2. Protector Provisions: Include if a trust protector is appointed to oversee certain trustee actions

3. Letter of Wishes: Non-binding guidance from settlor to trustees about trust administration

4. Alternative Dispute Resolution: Include specific arbitration or mediation provisions if desired

5. Foreign Asset Provisions: Required if trust holds assets outside the UAE

6. Tax Considerations: Include if there are specific tax implications to be addressed

7. Successor Trustee Provisions: Detailed provisions for appointment and removal of successor trustees

Suggested Schedules

1. Schedule 1: Trust Property: Detailed inventory of initial trust property and any notes

2. Schedule 2: Investment Guidelines: Specific investment parameters and restrictions

3. Schedule 3: Trustee Remuneration: Fee structure and payment terms for trustees

4. Schedule 4: Initial Beneficiaries: List of initial beneficiaries and their respective interests

5. Schedule 5: Administrative Provisions: Detailed procedures for trust administration

6. Appendix A: Form of Note: Template or actual form of any promissory notes or financial instruments

7. Appendix B: Certification Requirements: Required certifications including any Sharia compliance certificates

8. Appendix C: Powers of Attorney: Any required powers of attorney for trust administration

Authors

Alex Denne

Head of Growth (Open Source Law) @ ��Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

alex.den.21@genieai.co

Relevant legal definitions

Clauses

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Financial Services

Banking

Wealth Management

Family Business

Real Estate

Islamic Finance

Investment Management

Asset Management

Private Equity

Corporate Finance

Relevant Teams

Legal

Compliance

Wealth Management

Trust Administration

Corporate Services

Risk Management

Investment

Private Banking

Islamic Finance

Operations

Relevant Roles

Trust Manager

Wealth Manager

Financial Advisor

Legal Counsel

Compliance Officer

Investment Manager

Corporate Trustee

Trust Administrator

Private Banker

Family Office Manager

Relationship Manager

Trust Operations Manager

Risk Manager

Sharia Compliance Officer

Portfolio Manager

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