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Trust Agreement For Shares

Trust Agreement For Shares Template for Malaysia

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Key Requirements PROMPT example:

Trust Agreement For Shares

"I need a Trust Agreement for Shares under Malaysian law to establish a family trust holding 40% of my technology company's shares, with my three children as beneficiaries and HSBC Trust Malaysia as the trustee, to be effective from March 1, 2025."

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Document background
A Trust Agreement For Shares is a crucial document used in Malaysian corporate and wealth management contexts when shareholders wish to transfer legal ownership of shares while maintaining specific beneficial interests. This arrangement is commonly implemented for succession planning, family business structuring, or corporate reorganization purposes. The document must comply with Malaysian trust law, particularly the Trustees Act 1949 and relevant securities regulations. It typically includes detailed provisions about share management, voting rights, dividend distribution, trustee powers, and beneficiary entitlements. The agreement is particularly relevant in situations involving family businesses, corporate restructuring, or long-term asset protection strategies.
Suggested Sections

1. Parties: Identifies the Settlor (share owner), Trustee(s), and primary Beneficiaries

2. Background: Sets out the context of the trust creation, including details of the shares to be held in trust and the purpose of the trust arrangement

3. Definitions: Defines key terms used throughout the agreement, including technical and legal terminology

4. Declaration of Trust: Formal declaration establishing the trust and transfer of shares to the trustee

5. Trust Powers and Duties: Details the powers and responsibilities of the trustee in managing the trust shares

6. Rights of Beneficiaries: Specifies the rights and entitlements of the beneficiaries to the trust property

7. Duration of Trust: Specifies the term of the trust and conditions for its termination

8. Distribution of Trust Property: Details how and when trust property (shares and dividends) will be distributed

9. Trustee Remuneration: Specifies fees and expenses payable to the trustee

10. Amendment and Variation: Procedures for modifying the trust terms

11. Governing Law and Jurisdiction: Specifies Malaysian law as governing law and relevant jurisdiction

Optional Sections

1. Protector Provisions: Include when a trust protector is appointed to oversee the trustee's actions

2. Investment Powers: Include when trustees are given specific powers to reinvest or manage trust assets beyond holding shares

3. Corporate Actions: Include when specific provisions are needed for handling voting rights, rights issues, or other corporate actions

4. Successor Trustee Provisions: Include when specific provisions for trustee succession are required

5. Tax Provisions: Include when specific tax planning arrangements need to be documented

6. Dispute Resolution: Include when specific dispute resolution procedures beyond court jurisdiction are required

Suggested Schedules

1. Schedule 1 - Share Details: Detailed description of shares held in trust, including share certificates numbers and company details

2. Schedule 2 - Beneficiary Information: Complete details of beneficiaries and their respective entitlements or share proportions

3. Schedule 3 - Trust Distribution Rules: Detailed rules and procedures for trust property distribution

4. Schedule 4 - Trustee Powers: Comprehensive list of specific powers granted to the trustee

5. Appendix A - Deed of Adherence: Template for adding new beneficiaries to the trust

6. Appendix B - Corporate Authorization: Corporate resolutions or authorizations related to the trust arrangement

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

Banking

Investment Management

Family Office

Corporate Services

Legal Services

Wealth Management

Private Equity

Relevant Teams

Legal

Compliance

Corporate Secretarial

Wealth Management

Trust Administration

Corporate Governance

Investment Management

Private Client Services

Relevant Roles

Corporate Lawyer

Trust Officer

Wealth Manager

Company Secretary

Compliance Officer

Legal Counsel

Trust Administrator

Financial Advisor

Estate Planning Specialist

Corporate Governance Officer

Investment Manager

Industries
Trustees Act 1949: Primary legislation governing the creation, administration, and duties of trustees in Malaysia, including requirements for trust instruments and trustee powers
Securities Commission Act 1993: Regulates securities markets and financial instruments, providing framework for oversight of share-based transactions and investments
Companies Act 2016: Governs corporate matters including share ownership, transfer of shares, and registration of shareholding interests
Capital Markets and Services Act 2007: Regulates trading of securities and financial instruments, including requirements for dealing with shares held in trust
Income Tax Act 1967: Governs taxation matters relating to trusts, including tax treatment of trust income and distributions to beneficiaries
Financial Services Act 2013: Regulates financial institutions and financial services, which may be relevant if the trust involves regulated financial activities or institutions
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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