The Trust Contract serves as a fundamental legal instrument in Indonesian financial and estate planning, establishing a fiduciary relationship where assets are transferred from a settlor to a trustee for the benefit of designated beneficiaries. This document is essential when parties wish to create a formal trust arrangement that complies with Indonesian law, particularly under the supervision of the Financial Services Authority (OJK). The Trust Contract is typically used in situations requiring long-term asset management, family wealth preservation, estate planning, or specific purpose trusts. It includes comprehensive details about asset transfer, management responsibilities, beneficiary rights, distribution terms, and compliance requirements. The document must align with Indonesian Civil Code provisions and specific OJK regulations governing trust services, making it particularly important for financial institutions and professional trustees operating in Indonesia.
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1. Parties: Identifies and provides details of the Settlor, Trustee, and Beneficiaries
2. Background: Sets out the context and purpose of establishing the trust
3. Definitions: Defines key terms used throughout the trust deed
4. Declaration of Trust: Formal establishment of the trust and transfer of assets to the trustee
5. Trust Property: Detailed description of the assets being placed in trust
6. Powers and Duties of Trustee: Comprehensive outline of trustee's authorities and responsibilities
7. Rights of Beneficiaries: Specifies the entitlements and rights of trust beneficiaries
8. Trust Administration: Procedures for managing the trust, including investment policies and distribution rules
9. Duration of Trust: Specifies the term of the trust and conditions for termination
10. Accounting and Reporting: Requirements for financial records, audits, and reporting to beneficiaries
11. Trustee Compensation: Details of trustee fees and reimbursement of expenses
12. Governing Law and Jurisdiction: Specifies Indonesian law as governing law and relevant jurisdiction
13. Amendment and Termination: Procedures for modifying trust terms or terminating the trust
1. Protector Provisions: Include when a trust protector is appointed to oversee the trustee's actions
2. Successor Trustee Provisions: Include when specific arrangements for successor trustees are required
3. Investment Guidelines: Include when specific investment restrictions or guidelines are needed
4. Tax Provisions: Include when specific tax planning arrangements are part of the trust structure
5. Foreign Asset Provisions: Include when trust includes assets located outside Indonesia
6. Charitable Purposes: Include when the trust has charitable beneficiaries or purposes
7. Special Needs Provisions: Include when beneficiaries have special needs or requirements
8. Spendthrift Provisions: Include when protection against beneficiary creditors is required
1. Schedule A - Trust Property: Detailed inventory and description of initial trust assets
2. Schedule B - Beneficiary Details: Complete information about beneficiaries and their respective interests
3. Schedule C - Distribution Schedule: Specific terms and timing of trust distributions
4. Schedule D - Investment Policy Statement: Detailed investment guidelines and restrictions
5. Schedule E - Trustee Compensation Schedule: Detailed breakdown of trustee fees and payment terms
6. Appendix 1 - KYC Documentation: Required identity and verification documents for all parties
7. Appendix 2 - Tax Considerations: Documentation of tax planning structure and considerations
8. Appendix 3 - Compliance Checklist: OJK and other regulatory compliance requirements
Relevant legal definitions
Clauses
Relevant Industries
Banking
Financial Services
Wealth Management
Legal Services
Asset Management
Private Banking
Family Office Services
Trust Services
Estate Planning
Corporate Services
Relevant Teams
Legal
Compliance
Wealth Management
Private Banking
Trust Services
Risk Management
Corporate Advisory
Asset Management
Estate Planning
Financial Advisory
Operations
Client Relations
Relevant Roles
Trust Officer
Wealth Manager
Legal Counsel
Compliance Officer
Private Banking Manager
Estate Planning Advisor
Financial Advisor
Trust Administrator
Risk Management Officer
Relationship Manager
Corporate Trustee
Family Office Manager
Asset Manager
Banking Operations Manager
Trust Services Director
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