The Nominee Trust Agreement is a crucial legal instrument used in Hong Kong's financial and business landscape when there is a need to establish a trust arrangement where assets are held and managed by a nominee trustee. This document is particularly relevant in situations involving asset protection, succession planning, or confidential holding of assets. The agreement must comply with Hong Kong's robust regulatory framework, including the Trustee Ordinance (Cap. 29) and various financial regulations. It should detail the precise nature of the trust relationship, the assets involved, the powers and duties of the nominee trustee, and the rights of all parties. The document is essential for ensuring clear accountability, proper asset management, and regulatory compliance while protecting the interests of all parties involved in the trust arrangement.
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1. Parties: Identifies and defines the Settlor, Nominee Trustee, and any Beneficiaries
2. Background: Sets out the context and purpose of the nominee trust arrangement
3. Definitions and Interpretation: Defines key terms used throughout the agreement and establishes interpretation rules
4. Declaration of Trust: Formal establishment of the trust and confirmation of the Nominee Trustee's acceptance
5. Trust Assets: Describes the assets to be held in trust and how they are to be dealt with
6. Powers and Duties of the Nominee Trustee: Details the specific powers and obligations of the Nominee Trustee
7. Rights and Powers of the Settlor: Outlines what control and rights the Settlor retains over the trust assets
8. Administration of Trust: Sets out the practical aspects of managing the trust and its assets
9. Fees and Expenses: Details the compensation structure for the Nominee Trustee and handling of trust expenses
10. Duration and Termination: Specifies the trust period and circumstances for termination
11. Governing Law and Jurisdiction: Confirms Hong Kong law as governing law and jurisdiction for disputes
12. Execution: Formal execution blocks for all parties
1. Successor Trustee Provisions: Procedures for appointment of successor trustees - include when continuity planning is required
2. Protector Provisions: Powers and duties of a trust protector - include when additional oversight is desired
3. Investment Powers: Detailed investment guidelines and restrictions - include when trust involves investment activities
4. Anti-Money Laundering Compliance: Specific AML obligations and procedures - include for high-risk or regulated trust arrangements
5. Tax Provisions: Specific tax-related obligations and procedures - include when tax efficiency is a key consideration
6. Confidentiality: Detailed confidentiality obligations - include when handling sensitive information
7. Force Majeure: Provisions for unforeseen circumstances - include when long-term arrangement is contemplated
1. Schedule 1 - Trust Assets: Detailed inventory of initial trust assets
2. Schedule 2 - Fee Schedule: Detailed breakdown of trustee fees and charges
3. Schedule 3 - Administrative Procedures: Specific procedures for trust administration and reporting
4. Schedule 4 - Authorized Instructions: Format and requirements for valid instructions from the Settlor
5. Appendix A - KYC Requirements: Required documentation for compliance with KYC obligations
6. Appendix B - Investment Guidelines: Detailed investment parameters and restrictions if applicable
7. Appendix C - Reporting Templates: Standard forms for periodic reporting to the Settlor
Relevant legal definitions
Clauses
Relevant Industries
Financial Services
Asset Management
Private Banking
Wealth Management
Real Estate
Family Office
Corporate Services
Trust and Fiduciary Services
Investment Management
Professional Services
Relevant Teams
Legal
Compliance
Trust Administration
Wealth Management
Risk Management
Corporate Services
Client Relations
Operations
Due Diligence
Asset Management
Relevant Roles
Trust Officer
Compliance Officer
Legal Counsel
Wealth Manager
Private Banker
Corporate Secretary
Financial Advisor
Risk Manager
Trust Administrator
Asset Manager
Portfolio Manager
Estate Planning Advisor
Relationship Manager
Trust Operations Manager
Due Diligence Officer
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