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Share Trust Agreement

Share Trust Agreement Template for United Arab Emirates

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Key Requirements PROMPT example:

Share Trust Agreement

"I need a Share Trust Agreement for our family-owned manufacturing business in Dubai, where the trustee will manage shares for five family member beneficiaries, with quarterly dividend distributions and annual review provisions starting March 2025."

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Document background
A Share Trust Agreement is essential in situations where legal and beneficial ownership of shares need to be separated, particularly within the UAE's unique legal framework. This document is commonly used for family business succession planning, employee share schemes, or corporate restructuring in the UAE. The agreement must comply with either UAE mainland laws or specific free zone regulations (DIFC/ADGM), which provide different trust frameworks. The Share Trust Agreement details the complete trust structure, including share administration, voting rights, dividend distribution, and termination provisions, while ensuring adherence to UAE corporate law and regulatory requirements. It's particularly relevant for businesses operating in UAE free zones or mainland entities requiring trust arrangements for their shareholding structures.
Suggested Sections

1. Parties: Identification of the Settlor, Trustee, and Beneficiaries

2. Background: Context of the trust arrangement and purpose of the agreement

3. Definitions and Interpretation: Key terms used throughout the agreement and rules of interpretation

4. Declaration of Trust: Formal establishment of the trust and transfer of shares to trustee

5. Trust Property: Detailed description of shares held in trust and any additional assets

6. Trustee Powers and Duties: Comprehensive list of trustee's authorities and responsibilities

7. Rights of Beneficiaries: Entitlements and rights of beneficiaries regarding the trust property

8. Trust Administration: Procedures for managing the trust, including meetings and decision-making

9. Voting Rights and Dividends: Handling of share voting rights and distribution of dividends

10. Records and Accounts: Requirements for maintaining trust records and financial accounts

11. Fees and Expenses: Trustee compensation and payment of trust-related expenses

12. Duration and Termination: Term of the trust and circumstances for termination

13. Governing Law and Jurisdiction: Applicable law and courts having jurisdiction

14. Notices: Process for formal communications between parties

15. General Provisions: Standard boilerplate clauses including severability, amendments, etc.

Optional Sections

1. Investment Powers: Additional powers for trustee to make investments, used when trust allows for investment of proceeds

2. Protector Provisions: Appointment and powers of a trust protector, used in complex trust arrangements

3. Successor Trustee Provisions: Process for appointing replacement trustees, used in long-term trusts

4. Anti-Money Laundering Compliance: Specific AML provisions, required for trusts involving financial institutions

5. Shariah Compliance: Additional provisions ensuring Shariah compliance, used when required by parties

6. Foreign Ownership Provisions: Special provisions for foreign beneficiaries, used when non-UAE parties involved

7. Confidentiality: Enhanced confidentiality provisions, used for sensitive commercial arrangements

Suggested Schedules

1. Schedule 1 - Details of Trust Shares: Comprehensive list of shares held in trust, including share certificates numbers and company details

2. Schedule 2 - Beneficiary Information: Details of beneficiaries and their respective interests or entitlements

3. Schedule 3 - Trustee Fees: Detailed fee structure and payment terms for trustee services

4. Schedule 4 - Administrative Procedures: Detailed procedures for trust administration and decision-making

5. Appendix A - Form of Transfer Instrument: Template for share transfer documentation

6. Appendix B - Meeting Procedures: Procedures for trustee and beneficiary meetings

7. Appendix C - Reporting Requirements: Templates and requirements for periodic reporting

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

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Clauses
Interpretation
Declaration of Trust
Appointment of Trustee
Trust Property
Powers of Trustee
Duties of Trustee
Rights of Beneficiaries
Voting Rights
Dividend Distribution
Record Keeping
Trust Administration
Fees and Expenses
Confidentiality
Representations and Warranties
Indemnification
Liability Limitation
Amendment
Assignment
Compliance
Anti-Money Laundering
Reporting Requirements
Termination
Removal of Trustee
Appointment of Successor Trustee
Force Majeure
Notices
Governing Law
Dispute Resolution
Severability
Entire Agreement
Relevant Industries

Financial Services

Investment Banking

Private Equity

Family Business

Real Estate

Manufacturing

Technology

Retail

Healthcare

Energy

Professional Services

Relevant Teams

Legal

Compliance

Corporate Secretarial

Finance

Risk Management

Wealth Management

Corporate Governance

Executive Leadership

Investment

Trust Administration

Relevant Roles

Corporate Lawyer

Legal Counsel

Trust Manager

Compliance Officer

Company Secretary

Chief Legal Officer

Board Director

Trust Administrator

Wealth Manager

Financial Advisor

Corporate Governance Officer

Risk Manager

Managing Director

Chief Executive Officer

Chief Financial Officer

Industries
UAE Federal Law No. 32 of 2021 (Commercial Companies Law): The primary legislation governing companies in the UAE, including provisions for share ownership, transfer of shares, and shareholder rights
DIFC Trust Law (DIFC Law No. 4 of 2018): Comprehensive framework for trust arrangements in Dubai International Financial Centre, including share trust structures
ADGM Trust Regulations: Abu Dhabi Global Market regulations governing trust arrangements, including share trusts and nominee arrangements
UAE Federal Law No. 4 of 2000 (Securities Market Law): Regulates securities markets and trading, relevant for listed company shares held in trust
UAE Central Bank Resolution No. 164/8/94: Regulations concerning nominee arrangements and custodial services in the UAE
SCA Board Resolution No. 3 of 2000: Regulations concerning disclosure and transparency in shareholding arrangements
UAE Federal Law No. 19 of 2018 (FDI Law): Governs foreign direct investment and foreign ownership restrictions, relevant for trust arrangements involving foreign parties
UAE Federal Law No. 14 of 2018 (Central Bank Law): Relevant for financial aspects of trust arrangements and custody services
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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