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Family Trust Agreement
1. Parties: Identifies the settlor(s), initial trustees, and any protector or advisory board members
2. Background: Sets out the context and purpose for establishing the trust, including the settlor's intentions
3. Definitions: Defines key terms used throughout the agreement
4. Trust Establishment: Formally establishes the trust and details its name, purpose, and initial trust property
5. Trust Property: Describes the initial assets being placed in trust and provisions for accepting additional property
6. Beneficiaries: Identifies and defines classes of beneficiaries and their respective rights
7. Distribution Rules: Establishes rules and principles for making distributions to beneficiaries
8. Trustee Powers and Duties: Details the powers, responsibilities, and limitations of trustees
9. Decision Making: Outlines procedures for trustee decision-making and voting requirements
10. Investment Guidelines: Specifies permitted investments and investment strategy guidelines
11. Administrative Provisions: Covers operational aspects including record-keeping, reporting, and accounting requirements
12. Amendment and Termination: Specifies conditions and procedures for modifying or terminating the trust
13. Governing Law and Jurisdiction: Confirms Danish law as governing law and specifies jurisdiction for disputes
1. Protector Provisions: Required when a protector is appointed to oversee certain aspects of trust administration
2. Advisory Board: Included when an advisory board is established to guide trust management
3. Conflict Resolution: Detailed dispute resolution procedures, recommended for larger family trusts
4. Tax Provisions: Specific tax planning provisions, included when complex tax arrangements are needed
5. Foreign Asset Provisions: Required when trust holds or may hold assets outside Denmark
6. Succession Planning: Detailed provisions for generational transfer of control, recommended for long-term family trusts
7. Business Interest Management: Required when trust holds family business interests
8. Charitable Purposes: Included when trust has charitable components alongside family benefit provisions
1. Schedule 1 - Initial Trust Property: Detailed inventory of initial assets transferred to the trust
2. Schedule 2 - Beneficiary Classes: Detailed definitions and categories of beneficiaries
3. Schedule 3 - Investment Guidelines: Specific investment policies and restrictions
4. Schedule 4 - Trustee Remuneration: Details of trustee compensation and expense reimbursement
5. Schedule 5 - Distribution Policy: Detailed guidelines for making distributions
6. Appendix A - Initial Trustees: Names and details of initial trustees
7. Appendix B - Trust Protector Guidelines: Detailed roles and responsibilities of trust protector if appointed
8. Appendix C - Administrative Procedures: Detailed procedures for trust administration and record-keeping
Authors
Advisory Board
Applicable Law
Beneficiary
Board of Trustees
Charitable Purpose
Confidential Information
Danish Foundation Act
Discretionary Beneficiary
Distribution
Distribution Date
Effective Date
Excluded Person
Family Member
Financial Year
Foundation
Initial Property
Investment Guidelines
Investment Manager
Legal Representative
Net Income
Perpetuity Period
Primary Beneficiary
Principal
Protector
Qualifying Charity
Related Person
Relative
Reserved Powers
Resolution
Secondary Beneficiary
Settlor
Spouse
Successor Trustee
Tax Year
Trust
Trust Assets
Trust Fund
Trust Period
Trust Property
Trust Purposes
Trustee
Trustee Act
Vesting Date
Voting Rights
Asset Transfer
Trust Property
Beneficiary Rights
Distribution Powers
Investment Powers
Trustee Appointment
Trustee Removal
Trustee Duties
Protector Powers
Advisory Board
Decision Making
Voting Rights
Asset Management
Income Distribution
Capital Distribution
Investment Guidelines
Administrative Powers
Record Keeping
Accounting Requirements
Tax Compliance
Confidentiality
Conflict Resolution
Amendment Powers
Termination Rights
Governing Law
Jurisdiction
Severability
Force Majeure
Succession Planning
Charitable Provisions
Foreign Assets
Communications
Indemnification
Liability Limitations
Remuneration
Delegation Powers
Notice Requirements
Reporting Obligations
Anti-Money Laundering
Variation Powers
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