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Share Trust Agreement
"I need a Share Trust Agreement for transferring 60% ownership of our family-owned manufacturing business to a trust for the benefit of my three children, with provisions for quarterly dividend distributions and specific voting rights instructions to maintain business continuity."
1. Parties: Identifies the Settlor (share owner), Trustee, and Beneficiaries
2. Background: Explains the context and purpose of the trust arrangement
3. Definitions: Defines key terms used throughout the agreement
4. Declaration of Trust: Formal establishment of the trust and transfer of shares to the trustee
5. Trust Property: Detailed description of the shares being placed in trust
6. Powers and Duties of Trustee: Comprehensive list of trustee's authorities and responsibilities
7. Rights and Obligations of Settlor: Defines what rights the settlor retains and their ongoing obligations
8. Beneficiary Rights: Specifies the rights and entitlements of the beneficiaries
9. Distribution of Income and Capital: Rules for distributing dividends and other benefits from the shares
10. Voting Rights: Specifies how voting rights attached to the shares will be exercised
11. Duration and Termination: Terms for the trust period and conditions for termination
12. Trustee Compensation: Details of fees and expenses payable to the trustee
13. Liability and Indemnification: Limits of trustee liability and indemnification provisions
14. Governing Law and Jurisdiction: Specifies Philippine law as governing law and jurisdiction for disputes
15. Miscellaneous Provisions: Standard boilerplate clauses including notices, amendments, and severability
1. Foreign Ownership Compliance: Required when shares are subject to foreign ownership restrictions under Philippine law
2. Anti-Money Laundering Provisions: Enhanced provisions required for high-value trusts or when required by regulations
3. Multiple Beneficiary Provisions: Additional terms for managing multiple beneficiary interests and succession
4. Investment Powers: Detailed investment guidelines when trustee has discretionary investment authority
5. Corporate Governance Provisions: Special provisions for trusts holding significant corporate ownership positions
6. Tax Planning Provisions: Specific structures to optimize tax efficiency within Philippine law
7. Dispute Resolution Mechanism: Detailed arbitration or mediation procedures if preferred over court jurisdiction
8. Change of Trustee Provisions: Detailed procedures for appointment and removal of trustees
1. Schedule A - Share Details: Detailed description of shares including certificate numbers, class, and quantity
2. Schedule B - Initial Trust Property: Comprehensive inventory of all assets being placed in trust
3. Schedule C - Trustee Fees: Detailed fee structure and payment terms for trustee services
4. Schedule D - Beneficiary Information: Full details of beneficiaries and their respective interests
5. Schedule E - Voting Guidelines: Specific instructions for how voting rights should be exercised
6. Appendix 1 - Company Information: Details of the company whose shares are being held in trust
7. Appendix 2 - Required Regulatory Approvals: Copies of relevant regulatory approvals or permits
8. Appendix 3 - Compliance Procedures: Detailed procedures for ensuring ongoing regulatory compliance
Authors
Applicable Law
Beneficiary
Board
Business Day
Company
Confidential Information
Corporate Secretary
Deed of Settlement
Dividend
Effective Date
Encumbrance
Event of Default
Force Majeure
Governing Law
Initial Trust Property
Material Adverse Effect
Notice
Parties
Philippine Peso
Regulatory Authority
Related Party
SEC
Securities
Settlor
Share Certificate
Shares
Stockholder
Termination Date
Trust
Trust Account
Trust Assets
Trust Period
Trust Property
Trustee
Trustee Fee
Voting Rights
Working Hours
Declaration of Trust
Appointment of Trustee
Trust Property
Duration
Distribution
Voting Rights
Powers of Trustee
Duties of Trustee
Rights of Beneficiaries
Representations and Warranties
Confidentiality
Fees and Expenses
Indemnification
Liability
Compliance
Anti-Money Laundering
Foreign Ownership
Amendment
Termination
Removal and Replacement of Trustee
Notice
Assignment
Force Majeure
Governing Law
Dispute Resolution
Severability
Entire Agreement
Counterparts
Waiver
Further Assurance
Banking and Financial Services
Real Estate and Property
Mining and Natural Resources
Telecommunications
Media and Entertainment
Manufacturing
Retail and Consumer Goods
Energy and Utilities
Healthcare and Pharmaceuticals
Technology and Software
Transportation and Logistics
Professional Services
Education
Legal
Compliance
Corporate Secretarial
Finance
Risk Management
Corporate Governance
Investment Management
Tax
Wealth Management
Trust Services
Regulatory Affairs
Corporate Lawyer
Trust Officer
Compliance Officer
Corporate Secretary
Chief Legal Officer
Chief Financial Officer
Investment Manager
Risk Manager
Corporate Governance Officer
Board Director
Managing Director
Wealth Manager
Estate Planning Advisor
Securities Lawyer
Tax Director
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