A Floating Deed of Trust is commonly used in commercial financing transactions under English and Welsh law where security is required over a changing pool of assets. This document is particularly relevant when businesses need to maintain operational flexibility while providing security to lenders. The floating nature allows companies to continue trading with the secured assets until a crystallization event occurs. The document typically includes detailed provisions about the trust property, trustee powers, beneficiary rights, and enforcement mechanisms. It's particularly useful in scenarios involving multiple lenders or complex security arrangements where a trust structure provides administrative efficiency.
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1. Parties: Identifies settlor, trustees, and beneficiaries
2. Background: Sets out context and purpose of the trust
3. Definitions: Defines key terms used throughout the deed
4. Declaration of Trust: Formal creation of trust and transfer of assets
5. Trust Powers: Details powers granted to trustees
6. Administrative Provisions: Day-to-day management procedures
7. Trustee Provisions: Appointment, retirement, and removal of trustees
1. Investment Powers: Specific investment authorities beyond statutory powers - include when specific investment restrictions or permissions are required
2. Beneficiary Provisions: Special conditions for beneficiaries - include when complex beneficiary arrangements exist
3. Tax Provisions: Specific tax planning arrangements - include when trust has specific tax objectives
1. Schedule of Assets: Detailed list of trust property
2. Investment Guidelines: Specific investment policies and restrictions
3. Beneficiary Details: Full details of beneficiaries and their entitlements
4. Powers of Appointment: Details of any powers of appointment over trust assets
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