Share Trust Agreement Template for India

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Key Requirements PROMPT example:

Share Trust Agreement

"I need a Share Trust Agreement for our company's employee share ownership scheme effective from March 2025, which will hold and manage shares for 500+ employees across multiple office locations in India, with quarterly distribution provisions."

Document background
A Share Trust Agreement is essential when establishing a trust structure for holding and managing shares in India. This document is commonly used in various scenarios including employee stock ownership plans (ESOPs), family wealth management, corporate restructuring, and succession planning. The agreement must comply with Indian legal requirements, particularly the Indian Trusts Act, 1882, SEBI regulations, and the Companies Act, 2013. It details the trust's governance structure, including appointment and removal of trustees, investment powers, distribution rules, and beneficiary rights. The document is crucial for ensuring proper management of share assets while protecting the interests of all parties involved and maintaining compliance with Indian regulatory requirements.
Suggested Sections

1. Parties: Identifies the settlor(s), trustee(s), and initial beneficiaries

2. Background: Sets out the context and purpose of the trust arrangement

3. Definitions and Interpretation: Defines key terms and establishes interpretation rules

4. Declaration of Trust: Formal creation of the trust and transfer of initial shares

5. Trust Powers and Obligations: Details the powers and duties of trustees in managing trust assets

6. Beneficiary Rights and Interests: Specifies beneficiaries' entitlements and rights under the trust

7. Administration of Trust: Procedures for trust management, meetings, and decision-making

8. Investment Powers: Specifies permitted investment activities and limitations

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

10. Appointment and Removal of Trustees: Processes for changing trustees

11. Amendment and Termination: Provisions for modifying trust terms and eventual termination

12. Governing Law and Jurisdiction: Specifies applicable law and dispute resolution forum

Optional Sections

1. Multiple Trustees Provisions: Additional provisions when more than one trustee is appointed

2. Voting Rights: Special provisions regarding exercise of voting rights attached to trust shares

3. Successor Trustee Provisions: Detailed procedure for succession planning of trustees

4. Trust Committee: Establishment and powers of a trust committee if required

5. Corporate Trustee Provisions: Specific provisions when trustee is a corporate entity

6. Remuneration of Trustees: Details of trustee compensation if applicable

7. Protector Provisions: Appointment and powers of trust protector if required

8. Conflict Resolution: Detailed dispute resolution mechanisms beyond standard jurisdiction clause

Suggested Schedules

1. Schedule 1 - Initial Trust Property: Details of shares initially settled in trust

2. Schedule 2 - Trustee Powers: Comprehensive list of specific powers granted to trustees

3. Schedule 3 - Beneficiary Details: Complete information about initial beneficiaries and their interests

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

5. Schedule 5 - Distribution Rules: Specific rules and formulas for calculating distributions

6. Appendix A - KYC Requirements: Documentation requirements for trustees and beneficiaries

7. Appendix B - Trust Administration Procedures: Detailed operational procedures for trust administration

8. Appendix C - Forms: Standard forms for various trust-related actions and notifications

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
Clauses
Relevant Industries

Financial Services

Banking

Corporate Services

Legal Services

Investment Management

Family Office Services

Employee Benefits

Wealth Management

Corporate Governance

Trust Services

Relevant Teams

Legal

Corporate Secretariat

Compliance

Finance

Human Resources

Investment

Wealth Management

Corporate Governance

Tax

Trust Administration

Relevant Roles

Legal Counsel

Corporate Secretary

Trust Administrator

Compliance Officer

Financial Director

Investment Manager

Wealth Manager

Corporate Governance Officer

HR Director

Company Secretary

Trust Officer

Chief Legal Officer

Chief Financial Officer

Estate Planning Attorney

Tax Consultant

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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