The Nominee Trust Agreement is a unique trust arrangement widely used in U.S. jurisdictions, particularly Massachusetts, where privacy and asset management flexibility are paramount. Unlike conventional trusts, the trustee in a nominee trust serves purely as a titleholder, acting only upon written direction from beneficiaries. This document type is particularly valuable for real estate holdings and investment portfolios where beneficial owners wish to maintain anonymity while retaining control over trust assets. The agreement outlines trustee powers, beneficiary rights, and operational procedures, typically including separate schedules for beneficial interests to maintain confidentiality.
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1. Parties: Identification of trustee(s) and beneficiaries
2. Background: Purpose of the trust and context for its creation
3. Definitions: Key terms used throughout the agreement
4. Trust Property: Description of assets held in trust
5. Trustee Powers: Scope of trustee authority and responsibilities
6. Beneficiary Rights: Rights and interests of trust beneficiaries
7. Term and Termination: Duration of trust and conditions for termination
1. Successor Trustees: Provisions for replacement trustees when continuity planning is desired
2. Investment Guidelines: Specific instructions for managing trust assets when trust includes investment portfolio
3. Foreign Beneficiary Provisions: Special provisions for non-US beneficiaries when trust has international beneficiaries
1. Schedule A - Trust Property: Detailed inventory of trust assets
2. Schedule B - Beneficiary Certificates: Certificates evidencing beneficial interests
3. Schedule C - Trustee Compensation: Terms of trustee remuneration if applicable
4. Appendix A - Operating Procedures: Detailed procedures for trust administration
Relevant legal definitions
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