The Declaration of Trust Nominee Shareholder is essential in situations where beneficial ownership needs to be separated from legal ownership of shares. This arrangement is commonly used for privacy, estate planning, or corporate structuring purposes. The document details the nominee's obligations to hold and deal with the shares as directed by the beneficial owner, while complying with U.S. securities laws and regulations. It includes specific provisions about voting rights, dividends, and other shareholder privileges, ensuring transparency in the relationship while maintaining legal compliance.
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1. Parties: Identification of the trustee and beneficiary (beneficial owner)
2. Background: Context of the nominee arrangement and purpose of the trust
3. Definitions: Key terms used throughout the declaration
4. Declaration of Trust: Formal declaration of the nominee arrangement
5. Powers and Duties of Trustee: Detailed obligations and authority of the nominee shareholder
6. Beneficial Ownership: Clear statement of beneficial ownership rights
7. Voting Rights: Procedures for exercising voting rights and instructions
1. Remuneration: Terms of payment for trustee services when not provided gratuitously
2. Indemnification: Protection provisions for the trustee when additional protection is required
3. Termination: Conditions and process for ending the trust arrangement
1. Schedule of Shares: Details of shares held in trust including quantity, class, and company details
2. Voting Instructions Protocol: Detailed procedures for communicating and executing voting instructions
3. Fee Schedule: Detailed breakdown of trustee fees and payment terms, if applicable
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