The Agreement And Declaration of Trust is a fundamental document in Hong Kong's trust law practice, used to formally establish trust arrangements for various purposes including estate planning, asset protection, and business succession. It is particularly relevant in Hong Kong's dynamic financial environment, where trusts serve as essential vehicles for both personal wealth management and commercial arrangements. The document must be drafted in compliance with Hong Kong's Trustee Ordinance and related legislation, while considering the territory's status as an international financial hub. This trust instrument details the transfer of assets to trustees, defines beneficiary interests, establishes trustee powers and obligations, and provides comprehensive administrative provisions. It's commonly used by high-net-worth individuals, family offices, and businesses seeking to establish structured asset management arrangements with clear governance frameworks.
Thank you! Your submission has been received!
Oops! Something went wrong while submitting the form.
Your data doesn't train Genie's AI
You keep IP ownership of your docs
Alternatively...
1. Parties: Identifies and defines the Settlor, Trustee(s), and any initial Beneficiaries
2. Background: Sets out the context and intention to create the trust
3. Definitions: Defines key terms used throughout the document
4. Declaration of Trust: The formal declaration establishing the trust and transferring assets to the trustee
5. Trust Property: Detailed description of the initial trust assets and how future assets may be added
6. Beneficiaries: Defines the class of beneficiaries and their respective interests
7. Powers of the Trustee: Comprehensive list of trustees' powers in managing and administering the trust
8. Duties of the Trustee: Statutory and specific duties imposed on the trustees
9. Trust Administration: Procedures for day-to-day management of the trust
10. Duration of Trust: Specifies the trust period and termination events
11. Distribution of Income and Capital: Rules governing how and when trust assets can be distributed
12. Appointment and Retirement of Trustees: Procedures for changing trustees
13. Governing Law and Jurisdiction: Specifies Hong Kong law as governing law and Hong Kong courts' jurisdiction
14. Execution: Signature blocks and execution formalities
1. Protector Provisions: Include when a protector is appointed to oversee certain trustee actions
2. Letter of Wishes: Include when the settlor wishes to provide non-binding guidance to trustees
3. Investment Provisions: Include when specific investment powers or restrictions are needed beyond statutory powers
4. Excluded Beneficiaries: Include when certain persons are to be explicitly excluded from benefiting
5. Foreign Element Provisions: Include when trust has international aspects requiring specific handling
6. Tax Provisions: Include when specific tax planning objectives need to be addressed
7. Minor Beneficiaries: Include when beneficiaries include or may include minors
8. Conflict Resolution: Include when specific dispute resolution procedures are desired
1. Schedule 1 - Trust Property: Detailed inventory of initial trust assets
2. Schedule 2 - Initial Beneficiaries: List of named initial beneficiaries and their respective interests
3. Schedule 3 - Trustee Powers: Detailed list of specific powers granted to trustees beyond statutory powers
4. Schedule 4 - Trustee Remuneration: Details of any professional trustee fees and expense reimbursement
5. Appendix A - Deed of Retirement and Appointment: Template for future trustee changes
6. Appendix B - Meeting Procedures: Procedures for trustee meetings and decision-making
Authors
Find the document you need
Deed Of Termination Shareholders Agreement
A Hong Kong law-governed deed that formally terminates an existing shareholders agreement, releasing all parties from their obligations and rights under the original agreement.
Download
Trust Termination Agreement
A Hong Kong law-governed agreement that formally terminates a trust arrangement and provides for final asset distribution and trustee discharge.
Download
Nominee Agreement
A Hong Kong law-governed agreement establishing the terms under which a nominee holds assets or positions on behalf of a beneficial owner.
Download
Trust Revocation Declaration
A Hong Kong law-governed document used to formally terminate an existing trust arrangement, specifying the revocation details and asset disposition instructions.
Download
Constructive Dismissal Letter
A formal letter under Hong Kong employment law documenting an employee's resignation due to employer conduct that has made continued employment untenable.
Download
Simple Transfer Of Ownership Agreement
A Hong Kong law-governed agreement facilitating the formal transfer of ownership of property or assets between parties, incorporating all necessary legal requirements and obligations.
Download
Investment Trust Agreement
A Hong Kong law-governed agreement establishing an investment trust structure, defining trust management, investment parameters, and stakeholder rights and obligations.
Download
Agreement And Declaration Of Trust
A Hong Kong law-governed document establishing a trust arrangement, defining how trustees manage assets for beneficiaries under Hong Kong's legal framework.
Download
Trustee Declaration Form
A Hong Kong law-governed declaration form documenting a trustee's formal acceptance of their appointment and acknowledgment of their fiduciary duties and responsibilities.
Download
Reimbursement Letter To Employee
A Hong Kong-compliant formal letter documenting approved employee expense reimbursement details and payment terms.
Download
IP Transfer Agreement
A Hong Kong law-governed agreement for transferring intellectual property rights between parties, including provisions for transfer completion, warranties, and registration requirements.
Download
Nominee Shareholder Agreement
A Hong Kong law-governed agreement establishing the terms under which a nominee shareholder holds and manages shares on behalf of a beneficial owner.
Download
Simple Contract For Services
A Hong Kong-governed agreement establishing terms and conditions between a service provider and client for the provision of professional services.
Download
Genie’s Security Promise
Genie is the safest place to draft. Here’s how we prioritise your privacy and security.
Your data is private:
We do not train on your data; Genie’s AI improves independently
All data stored on Genie is private to your organisation
Your documents are protected:
Your documents are protected by ultra-secure 256-bit encryption
We are ISO27001 certified, so your data is secure
Organizational security:
You retain IP ownership of your documents and their information
You have full control over your data and who gets to see it
