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Agreement And Declaration Of Trust
"I need an Agreement And Declaration Of Trust under German law to establish a family trust for managing our real estate portfolio of three commercial properties in Munich, with distributions to be made quarterly to my two adult children starting from March 2025."
1. Parties: Identification of the Trustor (Treugeber), Trustee (Treuhänder), and Beneficiaries (Begünstigte), including full legal names and addresses
2. Background: Context of the trust arrangement, intention of the parties, and purpose of the trust
3. Definitions: Key terms used throughout the agreement, including German legal terminology and their English equivalents where applicable
4. Declaration of Trust: Formal establishment of the trust relationship, specifying the Trustee's acceptance and the transfer of assets
5. Trust Assets: Detailed description of the assets being placed in trust, including their nature, value, and any special conditions
6. Trustee Powers and Duties: Comprehensive outline of the Trustee's authority, responsibilities, and fiduciary obligations under German law
7. Rights of Beneficiaries: Specification of beneficiary entitlements, distribution rules, and conditions for receiving benefits
8. Trust Administration: Rules for managing the trust, including decision-making processes, record-keeping, and reporting requirements
9. Duration and Termination: Terms specifying the trust's duration, circumstances for termination, and asset distribution upon termination
10. Governing Law and Jurisdiction: Confirmation of German law application and jurisdiction for dispute resolution
11. Execution: Signature blocks and formal requirements for valid execution under German law
1. Investment Powers: Specific provisions for investment authority when the trust includes financial assets or investment portfolios
2. Real Estate Administration: Special provisions for managing real estate assets held in trust, including maintenance and leasing authority
3. Business Interest Management: Provisions for managing business interests or company shares held in trust
4. Successor Trustee Provisions: Procedures for appointing and transitioning to successor trustees
5. Tax Provisions: Specific arrangements for handling tax obligations and planning
6. Dispute Resolution: Detailed procedures for handling disputes, including mediation or arbitration provisions
7. Amendment Procedures: Provisions allowing for modification of trust terms under specific circumstances
8. Protection Clauses: Additional provisions protecting the trust assets from creditors or other claims
1. Schedule 1: Trust Assets: Detailed inventory and description of all assets transferred to the trust
2. Schedule 2: Beneficiary Details: Complete information about beneficiaries, including contact details and benefit entitlements
3. Schedule 3: Distribution Rules: Specific rules and formulas for calculating and distributing trust benefits
4. Schedule 4: Administrative Procedures: Detailed procedures for trust administration, including reporting templates and timelines
5. Schedule 5: Fee Schedule: Trustee compensation and fee structure for trust administration
6. Appendix A: Asset Transfer Documents: Copies of relevant transfer documents and certificates
7. Appendix B: Tax Documentation: Required tax forms and documentation for trust registration
Authors
Applicable Law
Assets
Beneficiaries
Business Day
Commencement Date
Confidential Information
Distribution Date
Effective Date
Encumbrance
Fee Schedule
Force Majeure
Governing Law
Initial Trust Property
Investment Powers
Material Change
Parties
Professional Advisers
Successor Trustee
Term
Termination Date
Treuhand
Treugeber
Treuhänder
Trust
Trust Account
Trust Administration
Trust Deed
Trust Income
Trust Period
Trust Property
Trust Purpose
Trustee Powers
Variation
Vesting Date
Appointment of Trustee
Trust Property
Asset Transfer
Powers of Trustee
Duties of Trustee
Rights of Beneficiaries
Investment Powers
Distribution Provisions
Administrative Provisions
Accounting and Reporting
Confidentiality
Liability and Indemnification
Successor Trustee
Removal of Trustee
Amendment and Variation
Termination
Force Majeure
Governing Law
Dispute Resolution
Severability
Notices
Entire Agreement
Assignment
Anti-Money Laundering
Tax Compliance
Data Protection
Counterparts
Third Party Rights
Costs and Expenses
Financial Services
Real Estate
Private Wealth Management
Family Business
Investment Management
Corporate Services
Estate Planning
Asset Management
Professional Services
Banking
Legal
Wealth Management
Trust Administration
Compliance
Tax Advisory
Corporate Services
Private Client Services
Asset Management
Investment Advisory
Risk Management
Trust Manager
Wealth Manager
Legal Counsel
Corporate Lawyer
Estate Planner
Financial Advisor
Asset Manager
Investment Director
Compliance Officer
Tax Advisor
Property Manager
Corporate Trustee
Private Client Advisor
Family Office Manager
Trust Administrator
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