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Deed Of Appointment Trust

Deed Of Appointment Trust Template for Hong Kong

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Key Requirements PROMPT example:

Deed Of Appointment Trust

"I need a Deed of Appointment Trust to appoint ABC Trust Services Limited as the new corporate trustee from March 1, 2025, replacing two individual trustees who are retiring due to age, for our family's investment trust holding properties in Hong Kong."

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Document background
A Deed of Appointment of Trust is a crucial document used in Hong Kong trust administration when there is a need to appoint new trustees or retire existing ones. This document is essential for maintaining the proper functioning of trust arrangements and ensures compliance with Hong Kong trust law requirements, particularly the Trustee Ordinance (Cap. 29). It is commonly used in situations where trustees need to be replaced due to retirement, resignation, or the need for additional trustees. The deed contains detailed provisions about the transfer of trust assets, trustee powers and duties, and includes important administrative provisions. It must be executed in accordance with Hong Kong deed requirements and may require registration or stamp duty consideration depending on the nature of the trust assets involved.
Suggested Sections

1. Parties: Identification of all parties including current trustees, new trustees, and settlor (if involved in the appointment)

2. Background: Recitals explaining the existing trust, powers of appointment, and reason for the new appointment

3. Definitions: Definitions of key terms used throughout the deed

4. Appointment: The formal appointment of the new trustee(s) and the effective date

5. Vesting of Trust Property: Provisions for the transfer of trust assets to the new or continuing trustees

6. Trustees' Powers and Duties: Statement of the trustees' powers and duties under the appointment

7. Retiring Trustee Provisions: Provisions relating to the discharge of retiring trustees and handover of trust property

8. Governing Law and Jurisdiction: Specification of Hong Kong law as governing law and jurisdiction

9. Execution: Execution blocks for all parties in accordance with Hong Kong deed requirements

Optional Sections

1. Indemnities: Additional indemnities for retiring trustees - include when requested by retiring trustees

2. Fee Provisions: Details of trustee remuneration - include for professional trustees

3. Tax Declarations: Specific tax-related declarations - include when there are stamp duty implications

4. Delegation Powers: Specific powers of delegation - include for corporate trustees

5. Disclosure Obligations: Additional reporting requirements - include for regulated trust structures

6. Variation of Trust Terms: Modifications to existing trust terms - include if trust terms are being amended alongside appointment

Suggested Schedules

1. Schedule 1 - Details of the Original Trust: Details of the original trust instrument and any subsequent amendments

2. Schedule 2 - Trust Assets: Comprehensive list of all trust assets being transferred

3. Schedule 3 - Powers of Investment: Specific investment powers and restrictions applicable to the trustees

4. Schedule 4 - Beneficiary Information: Details of all current beneficiaries and their respective interests

5. Schedule 5 - Administrative Provisions: Detailed administrative provisions governing the conduct of the trust

6. Appendix A - Required Notices: Copies of any notices required for the appointment process

7. Appendix B - Consents: Copies of any required consents from beneficiaries or other parties

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
Relevant Industries

Financial Services

Wealth Management

Private Banking

Family Office

Trust Services

Legal Services

Estate Planning

Private Client Services

Relevant Teams

Legal

Compliance

Trust Administration

Wealth Management

Private Banking

Risk Management

Company Secretarial

Operations

Client Services

Relevant Roles

Trust Manager

Trust Administrator

Private Client Lawyer

Wealth Manager

Trust Officer

Compliance Officer

Legal Counsel

Estate Planning Advisor

Trust Operations Manager

Company Secretary

Risk Manager

Private Banking Relationship Manager

Industries
Trustee Ordinance (Cap. 29): Primary legislation governing trusts in Hong Kong, defining trustee powers, duties, and responsibilities, as well as trust administration requirements
Recognition of Trusts Ordinance (Cap. 76): Implements the Hague Convention on the Law Applicable to Trusts, providing rules for recognition and treatment of trusts in Hong Kong
Stamp Duty Ordinance (Cap. 117): Governs the stamp duty implications of trust instruments and potential transfer of assets into trust
Conveyancing and Property Ordinance (Cap. 219): Regulates the execution requirements for deeds in Hong Kong, including formalities for valid execution
Perpetuities and Accumulations Ordinance (Cap. 257): Sets out rules against perpetuities and excessive accumulation of income in trusts
Contracts (Rights of Third Parties) Ordinance (Cap. 623): May affect trust arrangements where third party beneficiaries are involved
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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