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Declaration Of Bare Trust

Declaration Of Bare Trust Template for Australia

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Key Requirements PROMPT example:

Declaration Of Bare Trust

"I need a Declaration of Bare Trust for my investment property in Sydney, where my company will act as trustee holding the property for three individual beneficiaries, with the arrangement to commence from March 1, 2025."

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Document background
The Declaration of Bare Trust is a crucial document in Australian trust law, used when there is a need to separate legal and beneficial ownership of assets while maintaining the beneficiary's absolute control. This arrangement is commonly utilized in property transactions, investment structures, and asset protection strategies. The document records the trustee's acknowledgment that they hold specified assets solely as a bare trustee, with no active duties except to act on the beneficiary's instructions. It includes essential details such as the parties' identities, trust property description, and the nature of the bare trust relationship. The declaration must comply with relevant Australian federal and state legislation, including trust law, property law, and tax regulations. This type of trust arrangement is particularly valuable for property developments, business restructuring, and family asset management, offering flexibility while maintaining clear legal ownership structures.
Suggested Sections

1. Parties: Identifies and defines the Trustee(s) and the Beneficiary(ies) with their full legal names and addresses

2. Background: Explains the context and intention to create a bare trust arrangement

3. Definitions: Defines key terms used throughout the declaration

4. Declaration of Trust: Formal declaration establishing the bare trust and confirming the trustee holds the assets solely as a bare trustee

5. Trust Property: Clearly identifies and describes the assets being held in the bare trust

6. Nature of Bare Trust: Confirms the characteristics of the bare trust arrangement and that the trustee has no active duties

7. Powers and Duties of Trustee: Specifies the limited powers of the trustee and confirms they must act only on the beneficiary's direction

8. Rights of Beneficiary: Outlines the beneficiary's absolute right to the trust property and power to direct the trustee

9. Governing Law: Specifies that the trust is governed by Australian law and the relevant state/territory jurisdiction

10. Execution: Formal execution clause and signing requirements for the declaration

Optional Sections

1. Transfer of Trust Property: Include when specific mechanisms for transferring the trust property need to be detailed

2. Trustee Resignation and Replacement: Include when there's a need to specify the process for changing trustees

3. Custody of Documents: Include when there are specific requirements for maintaining trust documents

4. Trust Expenses: Include when there are specific arrangements for handling trust-related expenses

5. Multiple Trustees Provisions: Include when there is more than one trustee appointed

6. GST Provisions: Include when the trust property or activities may have GST implications

7. Variation Clause: Include when the parties want the ability to modify the trust declaration in the future

Suggested Schedules

1. Schedule 1 - Trust Property Details: Detailed description of the trust property, including any relevant registration numbers, titles, or identifying features

2. Schedule 2 - Transfer Documentation: Forms or documents required for transferring the trust property into the bare trust

3. Schedule 3 - Trustee Powers: Comprehensive list of specific powers granted to the trustee

4. Appendix A - Consent Forms: Required consent forms from relevant parties

5. Appendix B - Property Certificates: Copies of relevant property certificates or registration documents

6. Appendix C - Identity Verification: Documents verifying the identity of trustees and beneficiaries as required by AML/CTF regulations

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓƵ | 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






























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Relevant Industries

Real Estate

Financial Services

Property Development

Investment Management

Wealth Management

Legal Services

Banking

Construction

Mining and Resources

Agriculture

Family Business

Relevant Teams

Legal

Property

Wealth Management

Corporate Services

Trust Administration

Compliance

Finance

Tax Advisory

Investment

Risk Management

Relevant Roles

Property Lawyer

Trust Manager

Legal Counsel

Property Manager

Estate Planning Lawyer

Wealth Manager

Financial Advisor

Trust Administrator

Corporate Lawyer

Conveyancer

Tax Accountant

Property Developer

Investment Manager

Company Director

Compliance Officer

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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