Bearer Trust Agreement Template for Indonesia

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Key Requirements PROMPT example:

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."

Document background
The Bearer Trust Agreement is a sophisticated legal instrument used in Indonesian financial markets when there is a need to establish a trust structure where ownership is determined by physical possession of bearer certificates rather than nominal registration. This type of agreement is particularly relevant in situations requiring transferable beneficial interests, privacy considerations, and specialized trust administration. The document must carefully balance the anonymous nature of bearer instruments with Indonesian regulatory requirements, particularly those related to anti-money laundering and financial services supervision. A Bearer Trust Agreement typically includes comprehensive provisions for trust property management, certificate issuance and transfer procedures, trustee powers and duties, and compliance mechanisms. It is essential to ensure alignment with Indonesian Civil Code requirements, Financial Services Authority (OJK) regulations, and other relevant financial services laws while maintaining practical operational efficiency.
Suggested Sections

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

Optional Sections

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

Suggested Schedules

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

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 legal definitions
Clauses
Relevant Industries

Financial Services

Banking

Investment Management

Wealth Management

Trust Services

Private Banking

Asset Management

Securities Services

Corporate Finance

Family Office Services

Relevant Teams

Legal

Compliance

Trust Administration

Risk Management

Wealth Management

Investment Operations

Corporate Services

Regulatory Affairs

Securities Administration

Financial Control

Private Banking

Relevant Roles

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

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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