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Declaration Of Trust For Shares Template for United States

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Key Requirements PROMPT example:

Declaration Of Trust For Shares

"I need a Declaration of Trust for Shares to establish a trust holding 10,000 ordinary shares in my tech startup for the benefit of my three children, with my sister acting as trustee and including provisions for distribution when the youngest turns 21 in March 2025."

Document background
A Declaration of Trust for Shares is commonly used in the United States when there's a need to separate legal and beneficial ownership of company shares. This document is essential for estate planning, family business succession, employee share schemes, and other situations requiring structured share ownership. The declaration details the trust's terms, trustee powers, beneficiary rights, and complies with both federal securities laws and state trust regulations. It provides a clear framework for share management while protecting the interests of all parties involved.
Suggested Sections

1. Parties: Identification of settlor, trustee(s), and beneficiaries

2. Background: Context and purpose of the trust creation

3. Definitions: Key terms used throughout the declaration

4. Trust Property: Description of shares being held in trust

5. Trustee Powers: Enumeration of trustee authorities and responsibilities

6. Distribution Provisions: Rules for distributing trust income and capital

7. Duration: Term of the trust and termination conditions

Optional Sections

1. Successor Trustees: Provisions for appointment of replacement trustees when continuity planning is required

2. Investment Powers: Specific investment authorities granted to trustees when trust includes active investment management

3. Voting Rights: Provisions regarding exercise of share voting rights when shares carry voting rights

Suggested Schedules

1. Schedule A - Trust Property: Detailed list of shares held in trust including share certificates

2. Schedule B - Beneficiary Details: Full information about beneficiaries and their entitlements

3. Schedule C - Company Information: Details of the company whose shares are held in trust

4. Appendix 1 - Trustee Remuneration: Details of any fees or compensation for trustees

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

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Industries

Securities Act of 1933: Federal law governing the offer and sale of securities, requiring registration and disclosure requirements unless an exemption applies

Securities Exchange Act of 1934: Federal law regulating secondary market trading of securities and establishing the SEC

Investment Company Act of 1940: Federal law regulating investment companies and their activities, including certain trust arrangements

Internal Revenue Code: Federal tax regulations affecting trust taxation, income distribution, and tax reporting requirements

Uniform Trust Code: Model law adopted by many states providing standard rules for trust creation and administration

State Trust Statutes: State-specific laws governing trust formation, administration, and enforcement

State Securities Regulations: State-level securities laws ('Blue Sky Laws') affecting security transfers and trust arrangements

Common Law Fiduciary Duties: Legal principles establishing trustee obligations of loyalty, care, and good faith

Prudent Investor Rule: Legal standard requiring trustees to invest and manage trust assets as a prudent investor would

UCC Article 8: Uniform Commercial Code provisions governing investment securities and their transfer

Federal Tax Regulations: IRS rules specific to trust income taxation, distributions, and reporting

Gift and Estate Tax Laws: Federal and state regulations affecting the tax treatment of trust transfers and inheritances

State Documentation Requirements: State-specific rules for trust document format, content, and execution

Transfer Restriction Rules: Legal framework governing limitations on share transfers, including corporate bylaws and shareholder agreements

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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