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Declaration Of Trust For Shares

Declaration Of Trust For Shares Template for India

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Declaration Of Trust For Shares

"I need a Declaration of Trust for Shares to establish a trust holding 10,000 shares in my family's manufacturing business, with myself as settlor and my brother as trustee, for the benefit of my three children, with equal distribution of income starting from March 2025."

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Document background
A Declaration of Trust for Shares is essential when establishing trust arrangements for corporate shareholdings in India. This document is commonly used in family business succession planning, employee share schemes, or when structuring corporate ownership arrangements. It creates a legal framework where trustees hold and manage shares on behalf of beneficiaries, ensuring proper governance and protection of interests. The document must comply with Indian trust law requirements, particularly the Indian Trusts Act, 1882, and includes detailed provisions about trust administration, trustee powers, beneficiary rights, and distribution mechanisms. It's particularly valuable in situations requiring separation of legal and beneficial ownership of shares, such as family wealth planning, corporate restructuring, or creating employee benefit structures.
Suggested Sections

1. Parties: Identifies the Settlor (person transferring shares into trust), Trustee(s), and named Beneficiaries

2. Background: Sets out the context of the trust creation and the intention to hold shares in trust

3. Definitions: Defines key terms used throughout the document including Trust Property, Trust Period, and Distribution Date

4. Declaration of Trust: The formal declaration establishing the trust and confirming the Trustee holds the shares on trust

5. Trust Terms: Specifies the fundamental terms under which the trust operates

6. Powers of Trustee: Details the powers granted to trustees in managing the trust property

7. Duties of Trustee: Outlines the obligations and responsibilities of the trustees

8. Rights of Beneficiaries: Specifies the entitlements and rights of the beneficiaries

9. Trust Period: Defines the duration of the trust and circumstances for termination

10. Distribution Provisions: Details how and when trust property or income is to be distributed

11. Administrative Provisions: Covers operational aspects of trust management

12. Governing Law and Jurisdiction: Specifies that Indian law governs the trust and establishes jurisdiction

Optional Sections

1. Trustee Remuneration: Include when trustees are to be compensated for their services

2. Protector Provisions: Include when a trust protector is appointed to oversee certain aspects of trust administration

3. Investment Powers: Include when trustees need specific investment authority beyond standard powers

4. Variation Clause: Include when flexibility to modify trust terms is required

5. Appointment and Removal of Trustees: Include when specific procedures for trustee changes are needed

6. Corporate Rights: Include when trustees need specific powers regarding corporate actions (voting rights, etc.)

7. Perpetuity Period: Include when trust may extend for a long duration to ensure compliance with perpetuity rules

Suggested Schedules

1. Schedule 1 - Trust Property: Details of shares held in trust including company name, share certificate numbers, and number of shares

2. Schedule 2 - Beneficiaries: List of beneficiaries with their details and respective entitlements

3. Schedule 3 - Initial Trustees: Details of the initial trustees including their full names and addresses

4. Schedule 4 - Trustee Powers: Comprehensive list of specific powers granted to trustees

5. Appendix A - Share Certificates: Copies of relevant share certificates

6. Appendix B - Company Information: Details about the company whose shares are held in trust

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

Investment Management

Family Business

Private Equity

Corporate Services

Professional Services

Wealth Management

Real Estate Investment

Technology Companies

Manufacturing

Relevant Teams

Legal

Corporate Secretarial

Compliance

Finance

Tax

Wealth Management

Risk Management

Corporate Governance

Investment Management

Trust Administration

Relevant Roles

Legal Counsel

Company Secretary

Trust Administrator

Compliance Officer

Corporate Lawyer

Wealth Manager

Financial Advisor

Tax Consultant

Corporate Governance Officer

Investment Manager

Estate Planning Advisor

Board Director

Chief Financial Officer

Risk Manager

Private Client Advisor

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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