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Land Trust Agreement

Land Trust Agreement Template for United Arab Emirates

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Key Requirements PROMPT example:

Land Trust Agreement

"I need a Land Trust Agreement for a family-owned commercial building in Dubai, where I want to establish a trust structure that allows for property management and income distribution among five family members while ensuring Shariah compliance."

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Document background
The Land Trust Agreement is essential for establishing structured property ownership and management arrangements in the UAE, particularly useful for complex real estate holdings, family property management, or commercial property arrangements. This document type is specifically adapted to operate within the UAE's civil law framework, which differs from common law trust concepts. It must comply with federal laws such as the UAE Civil Code and Federal Law No. 17 of 2004, as well as emirate-specific property regulations. The agreement includes detailed provisions for property management, beneficiary rights, trustee duties, and compliance with local registration requirements. It's particularly valuable for situations requiring separation of legal and beneficial ownership, foreign ownership considerations, or complex property management arrangements.
Suggested Sections

1. Parties: Identification of the Settlor (property owner), Trustee, and any named Beneficiaries, including their full legal names, addresses, and any relevant registration numbers for corporate entities

2. Background: Context of the trust creation, including the intent to create a trust relationship and brief description of the property being placed in trust

3. Definitions: Detailed definitions of key terms used throughout the agreement, including 'Trust Property', 'Trust Period', 'Beneficial Interest', etc.

4. Declaration of Trust: Formal establishment of the trust, transfer of legal title, and confirmation of the trust's purpose

5. Trust Property: Detailed description of the property being placed in trust, including legal description, title details, and any encumbrances

6. Powers and Duties of Trustee: Comprehensive outline of trustee's authority, responsibilities, and limitations in managing the trust property

7. Rights and Obligations of Beneficiaries: Definition of beneficiaries' interests, rights to income/capital, and any conditions or restrictions

8. Trust Administration: Procedures for day-to-day management, decision-making processes, and administrative requirements

9. Duration and Termination: Term of the trust, circumstances for termination, and distribution procedures upon termination

10. Governing Law and Jurisdiction: Specification of UAE law application and relevant jurisdiction for dispute resolution

11. Amendment Provisions: Procedures and limitations for modifying the trust agreement

12. Execution: Signature blocks and attestation requirements for all parties

Optional Sections

1. Successor Trustee Provisions: Procedures for appointing replacement trustees, used when continuity planning is desired

2. Investment Powers: Specific provisions regarding investment of trust assets, included when trust involves active investment management

3. Distribution Committee: Structure and powers of a committee overseeing distributions, used in larger or more complex trusts

4. Anti-Duress Provisions: Protective clauses for beneficiaries in case of legal claims or bankruptcy, included when asset protection is a priority

5. Shariah Compliance: Specific provisions ensuring compliance with Islamic law, included when required by the parties

6. Foreign Ownership Provisions: Special structures to comply with UAE foreign ownership restrictions, included when beneficiaries include non-UAE nationals

7. Property Management Guidelines: Detailed procedures for property maintenance and management, included for active real estate holdings

8. Dispute Resolution Mechanism: Detailed arbitration or mediation procedures, included when parties want to avoid court proceedings

Suggested Schedules

1. Schedule 1 - Property Details: Comprehensive legal description of the trust property, including title deeds and registration details

2. Schedule 2 - Beneficiary Information: Detailed list of beneficiaries and their respective interests or share allocations

3. Schedule 3 - Initial Trust Assets: Inventory of all assets being transferred into the trust at formation

4. Schedule 4 - Trustee Compensation: Fee structure and payment terms for trustee services

5. Schedule 5 - Operating Procedures: Detailed administrative procedures for trust operations

6. Appendix A - Required Regulatory Filings: List of necessary registrations and periodic filings required under UAE law

7. Appendix B - Property Management Agreement: If applicable, agreement with property management company

8. Appendix C - Power of Attorney: Standard form of power of attorney for trustee operations

Authors

Alex Denne

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

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alex.den.21@genieai.co
Clauses
Declaration of Trust
Trust Property
Transfer of Property
Registration Requirements
Trustee Powers
Trustee Duties
Beneficiary Rights
Property Management
Income Distribution
Expenses and Fees
Confidentiality
Indemnification
Liability
Assignment
Succession
Force Majeure
Termination
Duration
Amendment
Notices
Governing Law
Dispute Resolution
Severability
Entire Agreement
Counterparts
Language
Compliance
Anti-Money Laundering
Foreign Ownership
Property Maintenance
Insurance
Representations and Warranties
Recordkeeping
Reporting
Tax Matters
Relevant Industries

Real Estate

Banking & Finance

Property Development

Investment Management

Family Business

Wealth Management

Construction

Hospitality

Retail

Commercial Property

Relevant Teams

Legal

Real Estate

Property Management

Compliance

Finance

Investment

Wealth Management

Corporate Services

Operations

Risk Management

Relevant Roles

Real Estate Manager

Property Director

Legal Counsel

Trust Administrator

Wealth Manager

Estate Planning Advisor

Corporate Trustee

Property Portfolio Manager

Real Estate Investment Manager

Compliance Officer

Asset Manager

Family Office Director

Real Estate Development Director

Investment Strategist

Industries
UAE Civil Code (Federal Law No. 5 of 1985): Provides the fundamental legal framework for contracts, property rights, and obligations in the UAE. Particularly relevant are Articles 1284-1315 covering property ownership and transfer.
UAE Federal Law No. 17 of 2004: Regulates property ownership registration and documentation requirements in various emirates, essential for establishing legal title and ownership rights.
Dubai Law No. 7 of 2006: Concerning land registration in Dubai, this law establishes the framework for property registration and ownership rights specifically in Dubai emirate.
Dubai Trust Law (DIFC Law No. 4 of 2018): While specific to the Dubai International Financial Centre, this can provide guidance on trust structures and may be relevant if the trust has any DIFC connection.
UAE Federal Law No. 2 of 2015: Concerning Commercial Companies, relevant for any corporate structures involved in the trust arrangement.
Local Property Laws: Each emirate has its own property laws and regulations that must be considered depending on the location of the land in question.
UAE Federal Law No. 4 of 2012: Regulation of competition, relevant if the trust involves commercial property or business operations.
Anti-Money Laundering Laws (Federal Decree Law No. 20 of 2018): Relevant for compliance requirements in property transactions and trust arrangements, particularly regarding source of funds and beneficial ownership.
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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