Declaration Of Trust Nominee Shareholder Template for Singapore

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Key Requirements PROMPT example:

Declaration Of Trust Nominee Shareholder

"I need a Declaration of Trust Nominee Shareholder agreement for my Singapore tech startup where my corporate service provider will hold 30% of shares as nominee, with specific provisions for quarterly dividend distributions and clear voting instructions protocol."

Document background
The Declaration of Trust Nominee Shareholder is essential in Singapore's corporate landscape where nominee arrangements are commonly used for legitimate business purposes. This document is typically employed when there's a need to separate legal and beneficial ownership of shares, whether for commercial convenience, confidentiality, or structural requirements. It must comply with Singapore's strict regulatory framework, including the Companies Act, Securities and Futures Act, and relevant MAS regulations. The declaration clearly outlines the nominee's obligations to hold and deal with the shares as directed by the beneficial owner, while maintaining transparency with regulatory authorities.
Suggested Sections

1. Parties: Details of the nominee shareholder (trustee) and beneficial owner (beneficiary)

2. Background: Context of the nominee arrangement and shareholding details

3. Definitions: Key terms used throughout the declaration

4. Declaration of Trust: Core declaration of the nominee relationship

5. Powers and Obligations of Nominee: Duties and responsibilities of the nominee shareholder

6. Rights of Beneficial Owner: Entitlements and control rights of the beneficial owner

7. Dividends and Distributions: Handling of financial benefits from shares

Optional Sections

1. Voting Rights: Specific arrangements for exercising voting rights when detailed clarification is needed

2. Termination Provisions: Conditions and process for ending the nominee arrangement when specific termination circumstances need to be addressed

3. Indemnification: Protection clauses for the nominee when additional protection is required

Suggested Schedules

1. Share Certificate Details: Copy or details of relevant share certificates

2. Company Information: Details of the company whose shares are held in trust

3. Voting Instructions Protocol: Procedures for giving and acting on voting instructions

4. Fee Schedule: If applicable, details of any nominee fees or charges

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

Clauses
Industries

Companies Act (Cap. 50): Primary legislation governing corporate entities in Singapore, including provisions for shareholding arrangements, nominee disclosure requirements, and directors' and shareholders' duties and obligations

Securities and Futures Act (Cap. 289): Regulations concerning beneficial ownership, substantial shareholding disclosure requirements, and securities trading provisions relevant to nominee arrangements

Trust Companies Act (Cap. 336): Legislative framework governing trust arrangements, including specific requirements for trustees and their duties in Singapore

Business Trusts Act (Cap. 31A): Provisions specifically relating to trust structures in business contexts within Singapore

MAS Regulations: Monetary Authority of Singapore guidelines covering nominee arrangements, anti-money laundering requirements, and Know-Your-Client (KYC) procedures

Income Tax Act (Cap. 134): Tax legislation covering implications of nominee arrangements and associated reporting requirements

Stamp Duties Act (Cap. 312): Legislation governing applicable stamp duties on trust documents and transfer of beneficial interests

Common Law Principles: Established trust principles from case law that govern trust relationships and obligations

Singapore Code of Corporate Governance: Guidelines and principles for corporate governance practices affecting trust and nominee arrangements

SGX Listing Rules: Singapore Exchange regulations that may apply to nominee arrangements in listed companies

AML/CTF Regulations: Anti-money laundering and counter-terrorism financing regulations affecting nominee arrangements and trust structures

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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