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Deed Of Trust And Security Agreement

Deed Of Trust And Security Agreement Template for India

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Deed Of Trust And Security Agreement

"I need a Deed of Trust and Security Agreement for a family-owned real estate portfolio in Mumbai, where three properties worth approximately Rs. 50 crore will be placed in trust for the benefit of minor children, with a bank holding security interest for an outstanding loan."

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Document background
The Deed of Trust and Security Agreement is a sophisticated legal instrument used in India when there is a need to establish a trust structure while simultaneously creating security interests over the trust assets. This document is particularly relevant in scenarios involving asset protection, secured financing, or structured financial arrangements. It combines the features of a traditional trust deed with security arrangements, making it suitable for complex financial transactions where assets need to be held in trust while also serving as security. The document must comply with Indian trust laws, security laws, and registration requirements, including the Indian Trusts Act, 1882, and related legislation. It's commonly used in corporate restructuring, family wealth management, infrastructure financing, and other scenarios requiring both trust administration and security arrangements.
Suggested Sections

1. Parties: Identification of the Settlor, Trustee(s), Beneficiaries, and Security Holder(s)

2. Background: Context of the trust creation and security arrangement, including the purpose of the trust and security

3. Definitions and Interpretation: Definitions of key terms and interpretation rules for the deed

4. Declaration of Trust: Formal declaration creating the trust and transferring property to trustees

5. Trust Property: Detailed description of assets being placed in trust

6. Security Creation: Creation and terms of the security interest over trust assets

7. Powers and Duties of Trustees: Comprehensive listing of trustee powers and obligations

8. Rights and Obligations of Security Holders: Details of security holders' rights and enforcement mechanisms

9. Trust Administration: Procedures for managing the trust and trust property

10. Distribution Rules: Rules governing distribution of trust income and capital

11. Security Enforcement: Procedures for enforcing security interests in case of default

12. Term and Termination: Duration of the trust and conditions for termination

13. Governing Law and Jurisdiction: Applicable law and jurisdiction for dispute resolution

Optional Sections

1. Investment Powers: Specific investment powers and restrictions - include when trust involves significant investment activities

2. Remuneration of Trustees: Terms of trustee compensation - include when trustees are to be paid professionals

3. Appointment and Removal of Trustees: Procedures for changing trustees - include for long-term trusts

4. Indemnification: Trustee indemnification provisions - include for complex trust arrangements

5. Tax Provisions: Specific tax planning provisions - include when tax efficiency is a key consideration

6. Environmental Matters: Environmental obligations - include when trust property includes land or industrial assets

7. Insurance Requirements: Insurance obligations - include when trust property requires specific insurance coverage

8. Alternative Dispute Resolution: Mediation or arbitration procedures - include when preferred over court proceedings

Suggested Schedules

1. Schedule 1 - Trust Property: Detailed inventory and description of all trust assets

2. Schedule 2 - Security Assets: Specific assets subject to security interests

3. Schedule 3 - Beneficiary Details: Full details of beneficiaries and their respective interests

4. Schedule 4 - Investment Guidelines: Detailed investment parameters and restrictions

5. Schedule 5 - Fee Structure: Details of trustee fees and other administrative costs

6. Appendix A - Forms: Standard forms for trust administration (appointment of trustees, beneficiary claims etc.)

7. Appendix B - Operating Procedures: Detailed procedures for trust administration and security enforcement

8. Appendix C - Compliance Requirements: Specific regulatory and compliance obligations

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 legal definitions
Applicable Law
Appointed Date
Assets
Authorized Representative
Beneficiaries
Business Day
Charge
Commencement Date
Deed
Default Event
Distribution Date
Effective Date
Encumbrance
Enforcement Event
Financial Year
Force Majeure Event
Governing Law
Income
Indemnified Persons
Interest Period
Liabilities
Material Adverse Effect
Notices
Parties
Payment Date
Permitted Investments
Principal
Proceeds
Records
Secured Assets
Secured Obligations
Security
Security Documents
Security Interest
Security Period
Settlor
Subsidiaries
Tax
Term
Trust
Trust Assets
Trust Deed
Trust Fund
Trust Income
Trust Period
Trust Property
Trustee
Trustee Acts
Vesting Date
Clauses
Definitions and Interpretation
Declaration of Trust
Appointment of Trustee
Trust Property
Security Creation
Rights and Obligations
Powers of Trustee
Security Enforcement
Distribution
Investment
Indemnification
Confidentiality
Record Keeping
Reporting
Remuneration
Assignment
Representations and Warranties
Events of Default
Remedies
Force Majeure
Amendment
Termination
Notices
Governing Law
Dispute Resolution
Severability
Counterparts
Entire Agreement
Further Assurance
Compliance
Tax Matters
Successor and Assigns
Third Party Rights
Costs and Expenses
Relevant Industries

Banking & Financial Services

Real Estate & Property

Asset Management

Investment Services

Family Office Services

Corporate Services

Wealth Management

Infrastructure

Private Equity

Trust Services

Relevant Teams

Legal

Compliance

Risk Management

Corporate Finance

Wealth Management

Trust Administration

Security Operations

Investment Management

Corporate Secretarial

Portfolio Management

Relevant Roles

Legal Counsel

Trust Officer

Security Trustee

Compliance Officer

Risk Manager

Financial Advisor

Asset Manager

Investment Manager

Company Secretary

Corporate Lawyer

Trust Administrator

Portfolio Manager

Wealth Manager

Security Agent

Transaction Manager

Industries
Indian Trusts Act, 1882: Primary legislation governing the creation, management, and administration of trusts in India, defining rights and obligations of trustees and beneficiaries
Registration Act, 1908: Mandates registration requirements for trust deeds, particularly when they involve immovable property
Transfer of Property Act, 1882: Governs the transfer of property rights and interests, relevant for trust property transfers and security arrangements
Indian Stamp Act, 1899: Determines the stamp duty payable on trust deeds and security agreements
Income Tax Act, 1961: Governs taxation aspects of trust arrangements, including tax implications for settlor, trustees, and beneficiaries
Securities and Exchange Board of India Act, 1992: Relevant if the trust involves securities or financial instruments regulated by SEBI
Indian Contract Act, 1872: Provides the basic framework for contractual obligations and agreements in the trust deed
Specific Relief Act, 1963: Relevant for enforcement of trust terms and remedies available in case of breach
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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