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Bearer Trust Agreement
"I need a Bearer Trust Agreement under Indonesian law for managing a portfolio of domestic securities worth USD 10 million, with quarterly distributions to bearer certificate holders and specific investment restrictions limiting exposure to any single sector to 25%, to be effective from March 1, 2025."
1. Parties: Identification of the Settlor and the Trustee, with their respective details and capacities
2. Background: Context of the trust creation, purpose, and general intent of the arrangement
3. Definitions and Interpretation: Comprehensive definitions of terms used throughout the agreement and rules of interpretation
4. Declaration of Trust: Formal establishment of the trust, specification of trust property, and declaration of the Trustee's acceptance
5. Issue and Form of Bearer Certificates: Specifications regarding the form, issuance, and authentication of bearer certificates
6. Rights of Bearer Certificate Holders: Detailed rights, entitlements, and benefits of bearer certificate holders
7. Trustee Powers and Duties: Comprehensive list of Trustee's powers, responsibilities, and obligations
8. Trust Property Management: Rules and procedures for managing, investing, and protecting trust property
9. Transfer and Registration: Procedures for transferring bearer certificates and maintaining relevant records
10. Anti-Money Laundering Compliance: Procedures and requirements for compliance with AML regulations
11. Fees and Expenses: Details of trustee compensation and trust-related expenses
12. Term and Termination: Duration of the trust and circumstances for termination
13. Governing Law and Jurisdiction: Specification of Indonesian law as governing law and jurisdiction for disputes
14. Execution: Signature blocks and execution requirements
1. Foreign Investment Provisions: Required when trust involves foreign investors or cross-border elements
2. Tax Provisions: Detailed tax considerations and obligations, included when specific tax structures are needed
3. Investment Guidelines: Specific investment parameters and restrictions, included when trust involves investment activities
4. Successor Trustee Provisions: Procedures for appointment of successor trustees, included when requested by parties
5. Distribution Committee: Establishment and powers of a distribution committee, included for complex trust arrangements
6. Force Majeure: Provisions for unforeseen circumstances, included when specifically requested
7. Confidentiality: Detailed confidentiality obligations, included when enhanced privacy is required
8. Electronic Communications: Provisions for electronic notifications and communications, included for modern arrangements
1. Form of Bearer Certificate: Template and specifications for the bearer certificates
2. Initial Trust Property: Detailed inventory of initial trust assets
3. Fee Schedule: Detailed breakdown of trustee fees and other charges
4. KYC Requirements: Documentation requirements for AML/KYC compliance
5. Transfer Procedures: Detailed procedures and forms for certificate transfers
6. Investment Guidelines: Detailed investment parameters and restrictions if applicable
7. Authorized Signatories: List of authorized signatories and specimen signatures
8. Reporting Requirements: Templates and schedules for required reports
Authors
Applicable Law
Authorized Signatory
Bearer Certificate
Bearer Certificate Holder
Business Day
Certificate Register
Confidential Information
Custodian
Distribution Date
Effective Date
Encumbrance
Event of Default
Financial Services Authority (OJK)
Force Majeure Event
Governing Law
Initial Trust Property
Investment Guidelines
KYC Requirements
Loss
Material Adverse Effect
Parties
Person
Registry
Relevant Authority
Security Interest
Settlor
Successor Trustee
Tax
Term
Transfer
Trust
Trust Property
Trust Purpose
Trustee
Trustee Fee
Ultimate Beneficial Owner
Valuation Date
Working Day
Bearer Certificate Rights
Trust Property
Transfer and Assignment
Trustee Powers
Trustee Duties
Anti-Money Laundering
Compliance
Fees and Expenses
Representations and Warranties
Indemnification
Confidentiality
Amendment
Assignment
Termination
Force Majeure
Notices
Severability
Waiver
Entire Agreement
Counterparts
Further Assurance
Succession
Dispute Resolution
Governing Law
Investment Guidelines
Distribution
Tax Matters
Reporting
Record Keeping
Certificate Issuance
Authentication
Registration
Liability
Risk Disclosure
Regulatory Compliance
Successor Trustee
Foreign Investment
Electronic Communications
Financial Services
Banking
Investment Management
Wealth Management
Trust Services
Private Banking
Asset Management
Securities Services
Corporate Finance
Family Office Services
Legal
Compliance
Trust Administration
Risk Management
Wealth Management
Investment Operations
Corporate Services
Regulatory Affairs
Securities Administration
Financial Control
Private Banking
Trust Officer
Compliance Officer
Legal Counsel
Financial Services Director
Investment Manager
Wealth Manager
Risk Manager
Corporate Trustee
Securities Administrator
Regulatory Affairs Manager
Trust Administrator
Private Banking Manager
Asset Manager
Chief Financial Officer
Chief Legal Officer
Chief Compliance Officer
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