Resolution By Trustees Template for Germany

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Key Requirements PROMPT example:

Resolution By Trustees

"I need a Resolution By Trustees document for approving the sale of a commercial property held in trust and appointing a real estate advisor to handle the transaction, which needs to be completed by March 2025."

Document background
A Resolution By Trustees is a crucial governance document used in German trust administration when trustees need to formally document their decisions and actions. While Germany doesn't have a dedicated trust law like common law jurisdictions, trust arrangements (Treuhand) are governed by principles derived from the German Civil Code (BGB) and commercial law. This document is essential when trustees need to make significant decisions about trust assets, beneficiary distributions, investment strategies, or administrative changes. The resolution format ensures compliance with German legal requirements and provides evidence that trustees have exercised their duties properly. It's particularly important for audit trails, regulatory compliance, and protecting trustees from potential liability. The document includes detailed information about the decision-making process, supporting rationale, and confirmation of authority under German law.
Suggested Sections

1. Title and Date: Formal identification of the document as a Trustees' Resolution with the date of the resolution

2. Trust Identification: Full legal name and details of the trust, including date of establishment and registration details

3. Present Trustees: Names and details of all current trustees participating in the resolution

4. Authority and Quorum: Confirmation of the trustees' authority to make decisions and that quorum requirements are met

5. Background: Context and circumstances leading to the need for the resolution

6. Declarations: Formal statements of relevant facts and circumstances

7. Resolutions: Clear and numbered statements of the decisions being made

8. Confirmation of Compliance: Statement confirming compliance with trust deed and applicable laws

9. Execution: Signature block for trustees with date and place of signing

Optional Sections

1. Recital of Professional Advice: Include when the resolution is based on professional legal, tax, or other expert advice

2. Conflicts of Interest: Required when any trustee has a potential conflict of interest in the matter

3. Delegated Authority: Include when specific powers are being delegated to particular trustees or third parties

4. Risk Assessment: When the resolution involves significant financial or legal risks

5. Implementation Instructions: Detailed instructions for carrying out the resolution, included for complex decisions

Suggested Schedules

1. Supporting Documentation: Relevant documents referenced in the resolution (e.g., valuations, reports)

2. Legal Opinions: Copies of any legal advice relied upon in making the decision

3. Financial Statements: Relevant financial information supporting the resolution

4. Powers of Attorney: If any trustees are acting through representatives

5. Trust Deed Extract: Relevant sections of the trust deed confirming trustees' powers

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

Relevant legal definitions
Relevant Industries

Financial Services

Private Banking

Wealth Management

Real Estate

Family Office Services

Corporate Services

Investment Management

Estate Planning

Charitable Organizations

Private Equity

Relevant Teams

Legal

Compliance

Risk Management

Wealth Management

Trust Administration

Corporate Governance

Investment Management

Client Services

Finance

Operations

Relevant Roles

Trustee

Trust Administrator

Legal Counsel

Compliance Officer

Risk Manager

Wealth Manager

Asset Manager

Trust Operations Manager

Trust Accountant

Corporate Secretary

Investment Director

Private Client Manager

Fiduciary Services Director

Trust Relationship Manager

Industries
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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