Deed Of Bare Trust Template for Canada

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Key Requirements PROMPT example:

Deed Of Bare Trust

"I need a Deed of Bare Trust to be drafted where ABC Holdings Ltd will act as trustee holding a commercial property in Vancouver for three overseas corporate beneficiaries, with the arrangement to commence from March 1, 2025."

Document background
The Deed of Bare Trust is a specialized legal instrument utilized in Canadian jurisdictions when there's a need to separate legal and beneficial ownership of property while maintaining the beneficiary's complete control over the assets. This document is particularly valuable in real estate transactions, corporate structuring, and asset protection strategies. It establishes a trust relationship where the trustee holds legal title but must act solely on the beneficiary's instructions, without any independent discretion. The deed must comply with provincial trust legislation and federal tax laws, including proper execution requirements and registration where necessary. Common applications include holding property for foreign investors, facilitating property development projects, and implementing tax-efficient business structures. The Deed of Bare Trust must be carefully drafted to ensure it creates a genuine bare trust relationship and doesn't inadvertently establish a more complex trust arrangement.
Suggested Sections

1. Parties: Identifies and defines the Settlor, Trustee(s), and Beneficiary(ies)

2. Background: Recitals explaining the context and intention to create a bare trust

3. Definitions: Defines key terms used throughout the deed

4. Declaration of Trust: Formal declaration establishing the bare trust and confirming the trustee holds the property for the beneficiary

5. Trust Property: Detailed description of the property being held in trust

6. Nature of Trust: Confirms this is a bare trust arrangement where the beneficiary has full beneficial ownership and control

7. Trustee Powers and Duties: Outlines the limited role of the trustee in a bare trust arrangement

8. Beneficiary Rights: Confirms the beneficiary's absolute right to direct the trustee and deal with the trust property

9. Duration of Trust: Specifies when the trust begins and how it may be terminated

10. Governing Law: Specifies that the deed is governed by Canadian law and the applicable province

11. Execution: Formal execution clause and signature blocks for all parties

Optional Sections

1. Successor Trustees: Include when there's a need to provide for replacement trustees

2. Tax Matters: Include when specific tax treatment needs to be addressed

3. Registration: Include when the trust property requires registration (e.g., real estate)

4. Multiple Beneficiaries: Include when there are multiple beneficiaries to specify their respective interests

5. Trustee Compensation: Include if the trustee is to receive any fees for their services

6. Indemnification: Include to protect trustees from liability when acting under beneficiary direction

Suggested Schedules

1. Schedule A - Trust Property: Detailed description and/or inventory of the trust property

2. Schedule B - Initial Trustees: List of initial trustees and their contact information

3. Schedule C - Beneficiaries: List of beneficiaries and their respective interests if multiple beneficiaries

4. Schedule D - Transfer Documents: Copies of documents transferring property to the trustee

5. Appendix 1 - Trustee Powers: Detailed list of trustee powers and limitations

6. Appendix 2 - Execution Requirements: Specific requirements for execution and witnessing based on provincial law

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

Real Estate

Financial Services

Investment Management

Property Development

Estate Planning

Mining

Agriculture

Commercial Property

Residential Property

Asset Management

Relevant Teams

Legal

Real Estate

Compliance

Finance

Tax

Investment

Trust Administration

Property Management

Asset Management

Corporate Services

Relevant Roles

Legal Counsel

Real Estate Lawyer

Property Manager

Trust Officer

Estate Planning Attorney

Tax Advisor

Investment Manager

Corporate Lawyer

Compliance Officer

Real Estate Developer

Property Administrator

Asset Manager

Trust Administrator

Financial Advisor

Real Estate Agent

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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