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Nominee Trust Agreement

Nominee Trust Agreement Template for Ireland

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Key Requirements PROMPT example:

Nominee Trust Agreement

"I need a Nominee Trust Agreement for a Dublin-based property investment structure where a professional trustee company will hold legal title to multiple residential properties on behalf of an overseas investor, with the arrangement to commence from March 1, 2025."

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Document background
The Nominee Trust Agreement is essential for situations where legal title to assets needs to be held separately from beneficial ownership under Irish law. This arrangement is commonly used in investment structures, property holdings, and corporate services. The document establishes the framework for the nominee relationship, clearly defining the roles, responsibilities, and obligations of both the nominee trustee and the beneficial owner. It includes crucial provisions for compliance with Irish trust law, anti-money laundering regulations, and beneficial ownership reporting requirements. The agreement is particularly relevant for corporate structures, investment arrangements, and situations requiring confidential asset management while maintaining transparency with regulatory authorities. Key considerations include trustee powers, beneficiary rights, reporting obligations, and termination provisions, all structured within the Irish legal framework.
Suggested Sections

1. Parties: Identifies and defines the Nominee Trustee(s), the Beneficiary/Principal (beneficial owner), and any other relevant parties to the agreement

2. Background: Sets out the context of the agreement, including the purpose of the nominee arrangement and the nature of the trust relationship

3. Definitions and Interpretation: Defines key terms used throughout the agreement and establishes rules for interpreting the document

4. Declaration of Trust: Formal declaration establishing the trust and confirming the nominee nature of the arrangement

5. Trust Property: Describes the assets or property to be held in trust and mechanisms for adding or removing trust property

6. Powers and Duties of the Nominee Trustee: Specifies the trustee's authority, responsibilities, and limitations in managing the trust property

7. Rights and Instructions of the Beneficiary: Details the beneficiary's rights to direct the trustee and receive benefits from the trust property

8. Fees and Expenses: Outlines the trustee's compensation and responsibility for trust-related expenses

9. Record Keeping and Reporting: Establishes requirements for maintaining trust records and reporting to the beneficiary

10. Term and Termination: Specifies the duration of the trust and circumstances for its termination

11. Governing Law and Jurisdiction: Confirms Irish law as governing law and specifies jurisdiction for dispute resolution

Optional Sections

1. Additional Trustees: Required when multiple trustees are appointed or mechanisms for appointing additional trustees are needed

2. Investment Powers: Included when the trust property includes investment assets requiring specific management provisions

3. Confidentiality: Added when specific confidentiality obligations beyond standard trustee duties are required

4. Anti-Money Laundering Compliance: Detailed AML provisions when dealing with regulated entities or high-risk arrangements

5. Tax Matters: Specific tax-related provisions when complex tax arrangements are involved

6. Force Majeure: Added when specific provisions for unforeseen circumstances affecting trust administration are required

7. Delegation: Included when the trustee needs explicit powers to delegate certain functions

8. Indemnification: Enhanced indemnification provisions beyond standard trustee protections

Suggested Schedules

1. Schedule 1 - Trust Property: Detailed inventory of initial trust property and assets

2. Schedule 2 - Fee Schedule: Detailed breakdown of trustee fees and charging structure

3. Schedule 3 - Authorized Instructions: Format and requirements for valid beneficiary instructions

4. Schedule 4 - Reporting Requirements: Specific requirements for periodic reports and accountings

5. Appendix A - AML Documentation Requirements: List of required documentation for AML compliance

6. Appendix B - Specimen Signatures: Authorized signatures for trustee and beneficiary communications

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

Financial Services

Real Estate

Investment Management

Corporate Services

Wealth Management

Asset Management

Private Banking

Property Development

Investment Funds

Family Office Services

Relevant Teams

Legal

Compliance

Corporate Services

Trust Administration

Risk Management

Finance

Investment Management

Client Relations

Property Administration

Wealth Management

Relevant Roles

Trust Manager

Corporate Services Director

Legal Counsel

Compliance Officer

Investment Manager

Asset Manager

Company Secretary

Trust Administrator

Risk Manager

Financial Controller

Wealth Manager

Property Manager

Fund Administrator

Private Client Advisor

Relationship 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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