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Trust Declaration Form for Austria

Trust Declaration Form Template for Austria

A Trust Declaration Form under Austrian law (Treuhanderklärung) is a formal legal document that establishes and governs a fiduciary relationship between a trustee (հܳäԻ) and a settlor (Treugeber). This document operates within Austria's unique civil law framework, which recognizes the concept of 'Treuhand' rather than common law trusts. It details the transfer of assets to the trustee, who holds and manages them for the benefit of specified beneficiaries or purposes, while complying with Austrian legal requirements, including anti-money laundering regulations and beneficial ownership registration obligations.

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What is a Trust Declaration Form?

The Trust Declaration Form (Treuhanderklärung) is a crucial document in Austrian civil law, used to establish and document fiduciary relationships where one party (հܳäԻ) manages assets on behalf of another (Treugeber). Unlike common law jurisdictions, Austrian law operates with the concept of 'Treuhand,' which has distinct legal characteristics and requirements. This document is essential when establishing asset management arrangements, real estate holdings, or investment structures in Austria. It must comply with the Austrian Civil Code (ABGB), financial regulations, and anti-money laundering requirements. The declaration typically includes detailed information about the assets being managed, the rights and obligations of all parties, reporting requirements, and governance structures. It's particularly important for ensuring transparency and legal compliance in fiduciary relationships within Austrian jurisdiction.

What sections should be included in a Trust Declaration Form?

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 statement establishing the trust relationship and acceptance by the trustee

5. Trust Property: Detailed description of the assets being placed in trust

6. Purpose of Trust: Specific objectives and intended outcomes of the trust arrangement

7. Powers and Duties of Trustee: Comprehensive outline of trustee's authorities and responsibilities under Austrian law

8. Management of Trust Property: Procedures and requirements for handling and administering trust assets

9. Accounting and Reporting: Requirements for financial records, reports, and accountability measures

10. Duration and Termination: Term of the trust and conditions for its termination

11. Governing Law and Jurisdiction: Explicit statement of Austrian law application and jurisdiction

What sections are optional to include in a Trust Declaration Form?

1. Beneficiary Rights and Interests: Used when specific beneficiaries are designated, detailing their entitlements and conditions

2. Remuneration of Trustee: Include when the trustee will receive compensation for their services

3. Successor Trustee Provisions: Required when arrangement for replacement trustees needs to be established

4. Tax Provisions: Include when specific tax arrangements or considerations need to be addressed

5. Confidentiality Clauses: Used when specific privacy requirements exist beyond standard statutory obligations

6. Investment Powers: Include when trustee requires specific investment authorities or restrictions

7. Dispute Resolution: Optional alternative dispute resolution procedures beyond court jurisdiction

What schedules should be included in a Trust Declaration Form?

1. Schedule A - Trust Property Inventory: Detailed listing and description of all assets placed in trust

2. Schedule B - Beneficiary Details: If applicable, complete information about beneficiaries and their entitlements

3. Schedule C - Management Guidelines: Specific instructions for trust property management and investment criteria

4. Schedule D - Reporting Templates: Standard forms for periodic reporting and accounting

5. Appendix 1 - Due Diligence Documentation: Required AML and KYC documentation for all relevant parties

6. Appendix 2 - Tax Declarations: Relevant tax forms and declarations required under Austrian law

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

Jurisdiction

Austria

Publisher

Ƶ

Document Type

Declaration Form

Cost

Free to use
Relevant legal definitions







































Clauses


























Relevant Industries

Banking and Financial Services

Real Estate

Investment Management

Legal Services

Wealth Management

Corporate Services

Private Banking

Asset Management

Professional Services

Family Office Services

Relevant Teams

Legal

Compliance

Wealth Management

Asset Management

Corporate Services

Risk Management

Private Client Services

Financial Advisory

Trust Administration

Tax Advisory

Relevant Roles

Legal Counsel

Trust Officer

Compliance Officer

Wealth Manager

Asset Manager

Financial Advisor

Corporate Lawyer

Tax Consultant

Investment Manager

Relationship Manager

Fiduciary Services Manager

Private Client Advisor

Risk Manager

Legal Administrator

Company Secretary

Industries







Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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