Resolution By Trustees Template for Hong Kong

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Key Requirements PROMPT example:

Resolution By Trustees

"I need a Resolution By Trustees document under Hong Kong law to record the trustees' decision to diversify the trust's investment portfolio by selling real estate assets and reinvesting in a mix of securities, to be implemented by March 2025."

Document background
A Resolution By Trustees is a crucial document in Hong Kong trust administration that formally records decisions made by trustees in managing trust assets and affairs. It is used whenever trustees need to document significant decisions, such as investment changes, distributions to beneficiaries, appointment of advisors, or other material trust matters. The resolution must comply with Hong Kong's Trustee Ordinance (Cap. 29) and demonstrate that trustees have exercised their powers appropriately and in beneficiaries' best interests. This document is particularly important for evidencing trustees' decision-making processes, protecting trustees from future liability, and maintaining a clear audit trail of trust administration. The resolution should reflect consideration of relevant factors, professional advice where appropriate, and compliance with both the trust deed and Hong Kong trust law requirements.
Suggested Sections

1. Date and Title: Specifies the date of the resolution and identifies it as a Trustees' Resolution

2. Trust Details: Identifies the relevant trust, including its name, date of establishment, and trust deed reference

3. Present Trustees: Lists all current trustees with their full names and addresses

4. Quorum and Authority: Confirms that the meeting/resolution is properly constituted and trustees have authority to make decisions

5. Background: Provides context and background information for the matters being considered

6. Matters for Consideration: Sets out the specific matters that the trustees need to decide upon

7. Resolutions: States the actual decisions made by the trustees, typically preceded by 'IT IS RESOLVED THAT'

8. Confirmation of Consideration: Trustees confirm they have considered all relevant factors and believe the decisions are in the best interests of beneficiaries

9. Execution: Space for trustees' signatures and date of signing

Optional Sections

1. Professional Advice: Records any professional advice received and considered (used when trustees have consulted external advisors)

2. Investment Considerations: Details specific investment-related factors considered (used for investment decisions)

3. Distribution Analysis: Analysis of trust's distribution capacity and beneficiary circumstances (used for distribution decisions)

4. Conflict of Interest Declarations: Declarations of any conflicts of interest (used when any trustee has a potential conflict)

5. Reserved Powers: Reference to any reserved powers of the settlor or protector (used when relevant to the decision)

6. Tax Considerations: Analysis of tax implications (used when decisions have significant tax consequences)

Suggested Schedules

1. Schedule A - Asset Details: Detailed list or description of trust assets relevant to the resolution

2. Schedule B - Professional Advice Documentation: Copies of any professional opinions or advice received

3. Schedule C - Supporting Documents: Relevant supporting documentation such as valuations, financial statements, or correspondence

4. Schedule D - Beneficiary Information: Details of affected beneficiaries and their entitlements (when relevant)

5. Appendix 1 - Powers of Trustees: Extract of relevant powers from the trust deed

6. Appendix 2 - Meeting Minutes: Minutes of any trustees' meeting where matters were discussed (if applicable)

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 Industries

Financial Services

Wealth Management

Private Banking

Legal Services

Corporate Services

Family Office Services

Asset Management

Trust Services

Professional Services

Estate Planning

Relevant Teams

Legal

Compliance

Trust Administration

Wealth Management

Corporate Services

Risk Management

Investment Management

Client Relations

Company Secretarial

Financial Advisory

Relevant Roles

Trust Administrator

Private Client Lawyer

Wealth Manager

Trust Officer

Compliance Officer

Legal Counsel

Corporate Trustee Director

Trust Manager

Financial Advisor

Estate Planning Specialist

Company Secretary

Trust Accountant

Relationship Manager

Risk Manager

Portfolio 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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