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Declaration Of Trust For Shares Template for New Zealand

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Key Requirements PROMPT example:

Declaration Of Trust For Shares

"I need a Declaration of Trust for Shares document where I will act as individual trustee holding 1,000 ordinary shares in Tech Solutions Ltd for my three adult children as equal beneficiaries, with specific provisions for dividend distributions and voting rights arrangements."

Document background
A Declaration of Trust for Shares is commonly used in New Zealand when there is a need to separate legal and beneficial ownership of shares, whether for tax planning, asset protection, or business structuring purposes. This document is essential in situations where one party holds shares as a trustee for the benefit of another party, creating a fiduciary relationship governed by New Zealand's Trusts Act 2019 and Companies Act 1993. The declaration formally records the trust arrangement, specifying the shares involved, the rights and obligations of both trustee and beneficiary, and how aspects such as dividends and voting rights will be managed. It's particularly valuable in family business arrangements, nominee shareholding situations, and corporate restructuring scenarios where beneficial ownership needs to be clearly documented while legal title remains with a trustee.
Suggested Sections

1. Parties: Identifies the Declarant/Trustee and the Beneficiary

2. Background: Sets out the context of the declaration, including details of share ownership and intention to create trust

3. Definitions: Defines key terms used throughout the document

4. Declaration of Trust: The formal declaration that the shares are held on trust for the beneficiary

5. Trust Property: Detailed description of the shares subject to the trust

6. Trustee Powers and Duties: Specifies the powers and duties of the trustee in relation to the shares

7. Beneficiary Rights: Outlines the rights of the beneficiary, including rights to dividends and voting instructions

8. Duration of Trust: Specifies the term of the trust arrangement

9. Execution: Formal execution clause and signing provisions

Optional Sections

1. Trustee Remuneration: Include when the trustee is to receive payment for their services

2. Voting Rights: Detailed provisions about how voting rights are to be exercised, include when specific voting arrangements are required

3. Transfer and Assignment: Include when transfer of beneficial interest needs to be addressed

4. Termination Provisions: Include when specific termination circumstances need to be addressed

5. Dividend Policy: Include when specific arrangements for handling dividends are required

6. Multiple Beneficiaries: Include when there is more than one beneficiary to specify their respective interests

7. Dispute Resolution: Include when specific dispute resolution procedures are desired

Suggested Schedules

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

2. Schedule 2 - Trustee Powers: Comprehensive list of trustee powers in relation to the shares

3. Schedule 3 - Beneficiary Details: Full details of beneficiaries and their respective entitlements if multiple beneficiaries

4. Schedule 4 - Deed of Accession: Template for adding new beneficiaries if permitted

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

6. Appendix B - Company Constitution Extract: Relevant extracts from the company constitution regarding share transfers and trusts

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓÆµ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions






























Clauses




























Relevant Industries

Financial Services

Legal Services

Corporate Services

Wealth Management

Investment Banking

Private Equity

Family Office Services

Professional Services

Trust Services

Corporate Governance

Relevant Teams

Legal

Corporate Secretariat

Compliance

Wealth Management

Trust Administration

Corporate Services

Investment Management

Private Client Services

Risk Management

Corporate Governance

Relevant Roles

Company Secretary

Legal Counsel

Corporate Lawyer

Trust Manager

Wealth Manager

Financial Advisor

Compliance Officer

Trust Administrator

Corporate Services Manager

Director

Trustee

Investment 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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Declaration Of Trust Beneficial Interest

A New Zealand legal document declaring a trust relationship where a trustee holds property or assets for the benefit of another party, governed by the Trusts Act 2019.

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A New Zealand legal document establishing a trust arrangement where shares are held by a trustee for a beneficiary's benefit, compliant with NZ trust law.

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