The Declaration of Trust Form is a crucial legal instrument in Austrian civil law used to establish and document fiduciary relationships. This document is essential when one party (հܳäԻ) agrees to hold and manage assets on behalf of another party (Treugeber) for specified beneficiaries. It's commonly used in real estate transactions, asset management, and family wealth planning. The document must comply with Austrian legal requirements, including the ABGB provisions on Treuhand relationships, beneficial ownership registration under WiEReG, and relevant anti-money laundering regulations. A properly structured Declaration of Trust Form should clearly outline the trust property, parties' rights and obligations, duration of the arrangement, and termination conditions while ensuring alignment with Austrian regulatory frameworks.
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1. Parties: Identification of the Trustee (հܳäԻ) and Settlor (Treugeber), including full legal names, addresses, and registration details if applicable
2. Background: Context of the trust arrangement and the purpose for its establishment
3. Definitions: Key terms used throughout the document, including specific Austrian legal terminology
4. Declaration of Trust: Formal declaration establishing the trust relationship and transfer of assets
5. Trust Property: Detailed description of the assets being placed in trust, including any registration numbers or identifying details
6. Powers and Duties of Trustee: Comprehensive list of trustee's authorities and obligations under Austrian law
7. Trust Terms: Duration of the trust, distribution rules, and management principles
8. Beneficiary Rights: Identity of beneficiaries and nature of their entitlements
9. Accounting and Reporting: Requirements for financial records, reporting to beneficiaries, and regulatory compliance
10. Termination Provisions: Circumstances and procedures for ending the trust arrangement
1. Successor Trustee Provisions: Procedures for appointing replacement trustees - include when multiple trustees are desired or for long-term arrangements
2. Investment Powers: Specific investment authorities and restrictions - include when trust involves investment assets
3. Tax Provisions: Specific tax handling instructions - include when complex tax situations exist
4. Dispute Resolution: Procedures for handling disagreements - include when multiple beneficiaries or complex arrangements exist
5. Foreign Asset Provisions: Special provisions for non-Austrian assets - include when trust property includes foreign assets
6. Confidentiality Clauses: Privacy and information handling requirements - include when dealing with sensitive matters
1. Schedule A - Trust Property Inventory: Detailed listing and description of all assets placed in trust
2. Schedule B - Beneficiary Details: Complete information about beneficiaries and their respective interests
3. Schedule C - Fee Schedule: Trustee compensation and expense reimbursement details
4. Appendix 1 - Registration Documents: Copies of required regulatory registrations and filings
5. Appendix 2 - Asset Documentation: Copies of property titles, certificates, or other asset proof documents
6. Appendix 3 - Due Diligence Documents: AML compliance documentation and beneficial ownership information
Relevant legal definitions
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Relevant Industries
Financial Services
Real Estate
Asset Management
Private Banking
Legal Services
Family Office Services
Investment Management
Corporate Services
Wealth Management
Property Development
Relevant Teams
Legal
Compliance
Wealth Management
Asset Administration
Risk Management
Corporate Services
Private Client Services
Property Management
Investment Management
Regulatory Affairs
Relevant Roles
Legal Counsel
Compliance Officer
Trust Administrator
Asset Manager
Wealth Manager
Property Manager
Financial Advisor
Risk Manager
Corporate Trustee
Estate Planner
Investment Director
Regulatory Affairs Manager
Private Client Advisor
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