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Declaration Of Trust For Shares
"I need a Declaration of Trust for Shares to establish a trust holding 10,000 common shares of our family business, with myself as trustee and my three children as equal beneficiaries, ensuring the business continues smoothly while preparing for succession planning starting January 2025."
1. Parties: Identifies the Settlor, Trustee(s), and Beneficiaries of the trust arrangement
2. Background: Sets out the context and purpose of the trust arrangement, including details of the shares being placed in trust
3. Definitions: Defines key terms used throughout the document for clarity and legal certainty
4. Declaration of Trust: Formal declaration establishing the trust and confirming the Trustee's acceptance of the appointment
5. Trust Property: Detailed description of the shares held in trust, including quantity, class, and issuing company
6. Powers of Trustees: Comprehensive list of powers granted to trustees in managing the trust property
7. Duties of Trustees: Specific obligations and responsibilities of the trustees
8. Rights of Beneficiaries: Details of beneficiaries' entitlements and rights under the trust
9. Distribution Provisions: Rules and procedures for distributing trust income and capital
10. Trust Administration: Procedures for managing the trust, including meetings, decision-making, and record-keeping
11. Duration and Termination: Terms regarding the trust's duration and circumstances for termination
12. Governing Law: Specifies that the trust is governed by Canadian law and relevant provincial legislation
13. Execution: Signature blocks and execution requirements for all parties
1. Successor Trustees: Provisions for appointing replacement trustees - included when requested by settlor or for longer-term trusts
2. Investment Powers: Specific investment authorities and restrictions - included when trustees need expanded investment capabilities
3. Voting Rights: Provisions regarding how voting rights attached to shares are exercised - included for voting shares
4. Remuneration of Trustees: Details of trustee compensation - included when trustees are to be paid for their services
5. Variation Powers: Ability to modify trust terms - included when flexibility might be needed in the future
6. Conflict Resolution: Procedures for resolving disputes - included for complex arrangements or multiple beneficiaries
7. Tax Provisions: Specific tax planning mechanisms - included when tax optimization is a key objective
8. Foreign Beneficiary Provisions: Special provisions for non-Canadian beneficiaries - included when there are international elements
1. Schedule A - Share Certificate Details: Detailed information about the share certificates held in trust, including certificate numbers and dates
2. Schedule B - Beneficiary Information: Complete details of beneficiaries including contact information and share allocation
3. Schedule C - Initial Trust Assets: Comprehensive inventory of all assets initially settled into the trust
4. Schedule D - Trustee Powers: Detailed enumeration of specific powers granted to trustees
5. Appendix 1 - Consent Forms: Required consent forms from relevant parties
6. Appendix 2 - Corporate Resolution: If applicable, corporate resolution authorizing the trust arrangement
7. Appendix 3 - Tax Elections: Copies of any tax elections made in relation to the trust
Authors
Financial Services
Investment Management
Corporate Services
Legal Services
Wealth Management
Family Office Services
Professional Services
Banking
Securities Trading
Trust Services
Legal
Corporate Secretariat
Wealth Management
Trust Administration
Compliance
Tax Advisory
Investment Management
Corporate Governance
Financial Planning
Risk Management
Corporate Lawyer
Trust Officer
Wealth Manager
Estate Planner
Tax Advisor
Corporate Secretary
Legal Counsel
Compliance Officer
Financial Advisor
Trust Administrator
Investment Manager
Family Office Manager
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