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Declaration Of Bare Trust

Declaration Of Bare Trust Template for Switzerland

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Key Requirements PROMPT example:

Declaration Of Bare Trust

"I need a Declaration of Bare Trust under Swiss law for holding a residential property in Geneva, where my company will act as trustee holding the property for the benefit of a family office client, with the arrangement to commence from March 1, 2025."

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Document background
The Declaration of Bare Trust is utilized in Switzerland when there is a need to establish a simple trust relationship where one party (the trustee) holds legal title to property solely for the benefit of another party (the beneficiary). This document became particularly relevant after Switzerland's ratification of the Hague Trust Convention in 2007, which provided a clear framework for trust recognition. The declaration includes essential details about the trust property, parties involved, and their respective rights and obligations, while ensuring compliance with Swiss legal requirements and anti-money laundering regulations. It's commonly used in wealth management, property holding arrangements, and corporate structuring, particularly when absolute beneficial ownership needs to be clearly documented while legal title is held by another party.
Suggested Sections

1. Parties: Identification of the Trustee and the Beneficiary, including full legal names and addresses

2. Background: Context of the bare trust arrangement and the purpose for its creation

3. Definitions: Key terms used throughout the document, including 'Trust Property', 'Bare Trust', and other relevant definitions

4. Declaration of Trust: Formal declaration by the Trustee confirming they hold the Trust Property on bare trust for the Beneficiary

5. Trust Property: Detailed description and identification of the property being held in trust

6. Nature of Bare Trust: Specification that this is a bare trust arrangement where the Trustee has no active duties beyond holding the property

7. Trustee's Obligations: Basic obligations of the Trustee, including holding the property and acting on the Beneficiary's instructions

8. Beneficiary's Rights: Confirmation of the Beneficiary's absolute right to the capital and income of the Trust Property

9. Governing Law and Jurisdiction: Specification of Swiss law as governing law and jurisdiction for disputes

Optional Sections

1. Duration of Trust: Include when the trust is intended to exist for a specific period or until a specific event

2. Replacement of Trustee: Include when there needs to be a mechanism for changing the Trustee

3. Tax Provisions: Include when specific tax treatment needs to be addressed or clarified

4. Powers of Attorney: Include when the Trustee needs specific powers to deal with third parties

5. Costs and Expenses: Include when there are specific arrangements for handling trust-related expenses

6. Termination Provisions: Include when specific termination circumstances need to be addressed

Suggested Schedules

1. Schedule 1 - Trust Property Schedule: Detailed inventory and description of all property held in the bare trust

2. Schedule 2 - Form of Transfer Notice: Template for instructing the Trustee to transfer the Trust Property

3. Schedule 3 - Trustee Resignation and Appointment Forms: Standard forms for change of Trustee if applicable

4. Appendix A - Copy of Initial Property Transfer Documents: Copies of documents evidencing the transfer of property into the trust

5. Appendix B - Regulatory Compliance Documents: Required anti-money laundering and beneficial ownership declarations

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






























Clauses

























Relevant Industries

Banking & Financial Services

Wealth Management

Real Estate

Private Client Services

Corporate Services

Family Office

Investment Management

Asset Management

Legal Services

Professional Services

Relevant Teams

Legal

Compliance

Wealth Management

Private Client Services

Corporate Services

Trust Administration

Risk Management

Asset Management

Property Management

Client Relations

Relevant Roles

Trust Officer

Wealth Manager

Private Client Lawyer

Corporate Lawyer

Legal Counsel

Compliance Officer

Property Manager

Asset Manager

Financial Advisor

Estate Planner

Trust Administrator

Company Secretary

Relationship Manager

Risk Manager

Fiduciary Services Manager

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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