The All Inclusive Trust Deed is a specialized legal instrument designed to create trust-like arrangements within the German legal framework, where traditional common law trusts are not recognized. This document is typically used when establishing complex asset management structures, family wealth planning arrangements, or business succession plans. It provides a complete framework for property management, beneficiary rights, and trustee obligations while ensuring compliance with German civil law, particularly the Bürgerliches Gesetzbuch (BGB). The document is especially relevant for high-net-worth individuals, family offices, and businesses seeking to establish structured asset management arrangements. It includes detailed provisions for property administration, distribution rules, investment guidelines, and reporting requirements, all tailored to operate within German legal constraints.
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1. Parties: Identification of all parties including the settlor (Treugeber), trustee (Treuhänder), and beneficiaries (Begünstigte)
2. Background: Context and purpose of the trust arrangement, including the intention to create a trust-like structure under German law
3. Definitions: Key terms used throughout the deed, including German legal terminology and their English equivalents
4. Declaration of Trust: Formal establishment of the trust arrangement and confirmation of the trustee's acceptance
5. Trust Property: Detailed description of all assets to be held in trust, including initial assets and provisions for additional contributions
6. Powers and Duties of Trustee: Comprehensive list of trustee's authorities and responsibilities under German law
7. Rights of Beneficiaries: Specification of beneficiary entitlements, distribution rules, and conditions
8. Trust Administration: Procedures for managing the trust, including decision-making processes and record-keeping requirements
9. Investment Powers: Guidelines and restrictions for investment of trust assets in compliance with German law
10. Income and Capital Distributions: Rules governing the distribution of trust income and capital
11. Accounting and Reporting: Requirements for financial reporting, auditing, and communication with beneficiaries
12. Duration and Termination: Term of the trust and circumstances under which it may be terminated
13. Governing Law and Jurisdiction: Confirmation of German law application and jurisdiction for disputes
1. Protector Provisions: Required when a trust protector is appointed to oversee the trustee's actions
2. Business Operation Provisions: Needed when the trust property includes business assets or commercial operations
3. Real Estate Management: Required when the trust includes real property assets
4. Cross-Border Provisions: Necessary when the trust involves international assets or beneficiaries
5. Charitable Purposes: Required when the trust includes charitable elements or public benefit purposes
6. Successor Trustee Provisions: Detailed procedures for trustee replacement when specific succession planning is required
7. Tax Planning Provisions: Specific provisions for tax optimization where complex tax situations exist
8. Digital Assets: Required when the trust includes cryptocurrency or other digital assets
1. Schedule 1 - Initial Trust Property: Detailed inventory and valuation of initial trust assets
2. Schedule 2 - Beneficiary Details: Complete information about beneficiaries and their respective entitlements
3. Schedule 3 - Investment Guidelines: Specific investment parameters and restrictions
4. Schedule 4 - Fee Schedule: Trustee compensation and trust expense provisions
5. Schedule 5 - Distribution Rules: Detailed rules and formulas for calculating distributions
6. Appendix A - Compliance Requirements: Summary of relevant German legal and regulatory requirements
7. Appendix B - Tax Considerations: Overview of tax implications and compliance requirements
8. Appendix C - Administrative Procedures: Detailed operational procedures for trust administration
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