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.
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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
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
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
Relevant legal definitions
Agreement
Applicable Law
Bare Trust
Beneficiary
Business Day
Commencement Date
Effective Date
Encumbrance
Governing Law
Income
Legal Title
Beneficial Interest
Notice
Parties
Property
Trust Property
Permitted Encumbrances
Related Persons
Settlor
Term
Territory
Trust
Trust Powers
Trustee
Trustee Duties
Trust Period
Working Hours
Writing
Applicable Law
Bare Trust
Beneficiary
Business Day
Commencement Date
Effective Date
Encumbrance
Governing Law
Income
Legal Title
Beneficial Interest
Notice
Parties
Property
Trust Property
Permitted Encumbrances
Related Persons
Settlor
Term
Territory
Trust
Trust Powers
Trustee
Trustee Duties
Trust Period
Working Hours
Writing
Clauses
Parties
Recitals
Definitions
Declaration of Trust
Trust Property
Bare Trust Nature
Trustee Appointment
Trustee Powers
Trustee Duties
Beneficiary Rights
Beneficiary Control
Property Dealings
Registration
Tax Treatment
Trust Duration
Trust Termination
Successor Trustees
Indemnification
Notices
Amendment
Severability
Further Assurance
Counterparts
Governing Law
Jurisdiction
Recitals
Definitions
Declaration of Trust
Trust Property
Bare Trust Nature
Trustee Appointment
Trustee Powers
Trustee Duties
Beneficiary Rights
Beneficiary Control
Property Dealings
Registration
Tax Treatment
Trust Duration
Trust Termination
Successor Trustees
Indemnification
Notices
Amendment
Severability
Further Assurance
Counterparts
Governing Law
Jurisdiction
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
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