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Property Trust Deed

Property Trust Deed Template for Indonesia

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Key Requirements PROMPT example:

Property Trust Deed

"I need a Property Trust Deed for a commercial building in Jakarta, where my company will act as trustee managing the property for three overseas corporate beneficiaries, with specific provisions for quarterly income distribution and annual property valuation requirements starting from March 2025."

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Document background
The Property Trust Deed serves as a crucial legal instrument in Indonesian property arrangements, used when there is a need to separate legal ownership and beneficial ownership of property assets. This document type is particularly relevant in scenarios involving family property management, estate planning, or corporate property holdings. The Property Trust Deed must be carefully structured to comply with Indonesian legal requirements, including the Basic Agrarian Law, property registration regulations, and relevant corporate laws. It typically includes comprehensive details about the trust property, duties of trustees, rights of beneficiaries, and administrative procedures. The document is especially important given Indonesia's specific legal framework regarding property ownership and trust arrangements, which differs from common law jurisdictions and requires careful consideration of local legal requirements and restrictions.
Suggested Sections

1. Parties: Identification of the Settlor, Trustee(s), and Beneficiaries with complete legal names and details

2. Background: Context of the trust creation, including the settlor's intention to create the trust and transfer the property

3. Definitions: Detailed definitions of key terms used throughout the deed

4. Declaration of Trust: Formal declaration establishing the trust and transferring the property to the trustee

5. Trust Property: Detailed description of the property being placed in trust, including legal description and registration details

6. Trust Terms: Core terms governing the trust, including duration, purpose, and beneficiary interests

7. Trustee Powers: Comprehensive list of powers granted to the trustee in managing the trust property

8. Trustee Duties and Obligations: Specific responsibilities and obligations of the trustee

9. Income and Capital Distribution: Rules governing the distribution of income and capital from the trust property

10. Trust Administration: Procedures for managing the trust, including record-keeping and reporting requirements

11. Termination Provisions: Circumstances and procedures for terminating the trust

12. Governing Law and Jurisdiction: Specification of Indonesian law as governing law and relevant jurisdiction

13. Execution: Formal execution clause and signature blocks

Optional Sections

1. Successor Trustees: Provisions for appointment of successor trustees - include when multiple trustees are contemplated or long-term trust arrangement

2. Investment Powers: Specific investment authorities - include when trust includes substantial financial assets beyond property

3. Foreign Ownership Provisions: Special provisions dealing with foreign ownership restrictions - include when foreign parties are involved

4. Tax Provisions: Specific tax planning and compliance provisions - include when complex tax considerations exist

5. Dispute Resolution: Detailed dispute resolution procedures - include when parties prefer specific resolution mechanisms

6. Amendment Provisions: Procedures for amending trust terms - include when flexibility may be needed in long-term trusts

7. Property Management Guidelines: Specific guidelines for property management - include when active property management is required

Suggested Schedules

1. Schedule A - Property Details: Detailed legal description of the trust property, including certificates of title and registration details

2. Schedule B - Initial Trust Assets: Complete inventory of all assets being transferred into the trust

3. Schedule C - Beneficiary Details: Full details of beneficiaries and their respective interests

4. Schedule D - Trustee Remuneration: Details of trustee compensation and expense reimbursement

5. Appendix 1 - Property Documents: Copies of relevant property certificates, permits, and registrations

6. Appendix 2 - Required Regulatory Approvals: Copies of any required governmental or regulatory approvals

7. Appendix 3 - Property Management Plan: Detailed plan for ongoing management and maintenance of the property

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

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant legal definitions
Agreement
Applicable Law
Beneficiary
Business Day
Commencement Date
Confidential Information
Distributions
Effective Date
Encumbrance
Force Majeure
Governing Law
Income
Indonesian Rupiah
Initial Property
Land Certificate
Legal Title
Nominee
Notarial Deed
Notice
Party/Parties
Permitted Encumbrance
Property
Property Rights
Registration
Related Party
Relevant Authority
Settlor
Successor Trustee
Term
Trust
Trust Assets
Trust Capital
Trust Income
Trust Period
Trust Property
Trust Purpose
Trustee
Trustee Powers
Vesting Date
Working Day
Clauses
Declaration of Trust
Property Description
Trust Terms
Trustee Appointment
Trustee Powers
Trustee Duties
Beneficiary Rights
Distribution of Income
Capital Distribution
Trust Administration
Property Management
Registration Requirements
Regulatory Compliance
Foreign Ownership
Successor Trustees
Amendment
Termination
Confidentiality
Indemnification
Force Majeure
Notices
Governing Law
Dispute Resolution
Severability
Assignment
Entire Agreement
Property Registration
Tax Compliance
Insurance
Reporting Requirements
Relevant Industries

Real Estate

Property Development

Asset Management

Banking and Finance

Investment Management

Family Office Services

Corporate Services

Wealth Management

Property Management

Legal Services

Relevant Teams

Legal

Real Estate

Asset Management

Compliance

Risk Management

Property Management

Corporate Secretariat

Investment

Treasury

Finance

Relevant Roles

Legal Counsel

Property Manager

Asset Manager

Trust Officer

Estate Planning Advisor

Real Estate Director

Compliance Officer

Corporate Secretary

Investment Manager

Wealth Manager

Property Developer

Legal Director

Risk Manager

Treasury Manager

Financial Controller

Industries
Indonesian Civil Code (KUHPerdata): Foundational law governing contracts, property rights, and obligations in Indonesia. Particularly relevant are Book II on Property and Book III on Contracts.
Basic Agrarian Law No. 5 of 1960 (UUPA): Fundamental law governing land rights and property ownership in Indonesia, including different types of land titles and ownership restrictions.
Law No. 28 of 2004 on Foundations: Regulates the establishment and management of foundations, which can be relevant for trust-like arrangements in Indonesia.
Government Regulation No. 24 of 1997 on Land Registration: Governs the registration of land rights and property transfers, including documentation requirements and procedures.
Law No. 25 of 2007 on Investment: Relevant for property trust arrangements involving foreign investment or foreign ownership considerations.
Presidential Regulation No. 44 of 2016: Negative Investment List regulation that specifies restrictions on foreign ownership of property and investment in various sectors.
Law No. 42 of 1999 on Fiduciary Security: Governs fiduciary arrangements and security interests, which may be relevant for certain trust structures involving property.
Law No. 30 of 2004 on Notary Position: Regulates the role and requirements of notaries in creating and authenticating legal documents including property trust deeds.
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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