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Definitive Trust Deed

Definitive Trust Deed Template for Switzerland

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Key Requirements PROMPT example:

Definitive Trust Deed

"I need a Definitive Trust Deed under Swiss law for a family wealth structure, with provisions for multiple generations of beneficiaries and a family council governance structure, including specific investment restrictions for sustainable and ethical investments."

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Document background
The Definitive Trust Deed serves as the foundational document for establishing and operating trusts within the Swiss legal framework. While Switzerland is traditionally a civil law jurisdiction, it recognizes trusts through its ratification of the Hague Convention on the Law Applicable to Trusts and its implementation in domestic law through the Swiss Private International Law Act. This document is typically used when establishing new trust structures, reorganizing existing arrangements, or creating specialized trust vehicles for wealth planning, family governance, or asset protection purposes. The deed must carefully balance Swiss regulatory requirements with international trust principles, incorporating specific provisions for compliance with Swiss financial market regulations, anti-money laundering laws, and tax considerations.
Suggested Sections

1. Parties: Identification of the Settlor, initial Trustee(s), and any Protector or other appointed parties

2. Background: Context of the trust creation and settlor's intentions

3. Definitions: Detailed definitions of terms used throughout the deed

4. Declaration of Trust: Formal establishment of the trust and transfer of initial assets

5. Trust Purpose: Clear statement of the trust's purposes and objectives

6. Trust Period: Duration of the trust and termination conditions

7. Beneficiaries: Definition and identification of beneficiary classes and their respective interests

8. Trustee Powers: Comprehensive list of trustees' administrative and investment powers

9. Trustee Duties: Obligations and responsibilities of trustees

10. Distribution Provisions: Rules governing distribution of income and capital

11. Administrative Provisions: General provisions for trust administration

12. Appointment and Removal of Trustees: Procedures for trustee succession

13. Governing Law and Jurisdiction: Specification of Swiss law application and jurisdictional matters

14. Amendment Powers: Provisions for modifying the trust deed

Optional Sections

1. Protector Provisions: Required when a protector is appointed to oversee certain trustee actions

2. Investment Committee: Needed when establishing a formal committee to guide investment decisions

3. Letter of Wishes: Optional guidance from settlor regarding trust administration

4. Charitable Purposes: Required for trusts with charitable elements or purposes

5. Corporate Trustee Provisions: Specific provisions when corporate trustees are appointed

6. Family Council: Required when establishing a family governance structure

7. Conflict Resolution: Detailed dispute resolution procedures

8. Privacy and Confidentiality: Enhanced confidentiality provisions beyond standard requirements

Suggested Schedules

1. Schedule 1: Initial Trust Fund: Detailed inventory of initial trust assets

2. Schedule 2: Beneficiary Schedule: Detailed list of beneficiaries and their respective interests

3. Schedule 3: Trustee Remuneration: Fee structure and payment terms for trustees

4. Schedule 4: Investment Guidelines: Specific investment policies and restrictions

5. Schedule 5: Administrative Powers: Detailed list of administrative powers granted to trustees

6. Appendix A: Letter of Wishes: Non-binding memorandum from settlor regarding trust administration

7. Appendix B: Family Governance Protocol: Guidelines for family involvement and decision-making

8. Appendix C: Compliance Framework: Anti-money laundering and regulatory compliance procedures

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
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Relevant Industries

Private Banking

Wealth Management

Financial Services

Legal Services

Family Office Services

Trust Administration

Asset Management

Private Client Services

Corporate Services

Estate Planning

Relevant Teams

Legal

Wealth Management

Compliance

Private Client Services

Trust Administration

Corporate Services

Tax Advisory

Asset Management

Risk Management

Client Relations

Relevant Roles

Trust Officer

Private Client Lawyer

Wealth Manager

Compliance Officer

Legal Counsel

Trust Administrator

Relationship Manager

Financial Advisor

Tax Consultant

Estate Planning Specialist

Corporate Trustee

Family Office Manager

Trust Director

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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