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Addendum To Trust Deed

Addendum To Trust Deed Template for Singapore

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Addendum To Trust Deed

"I need an Addendum To Trust Deed to modify the investment powers of our family trust established in Singapore, specifically to allow for cryptocurrency investments, with the changes to take effect from March 1, 2025."

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What is a Addendum To Trust Deed?

An Addendum To Trust Deed is utilized when modifications to an existing trust arrangement are required without completely replacing the original trust deed. Common in Singapore's trust landscape, this document is essential when trustees need to update trust terms, modify beneficiary arrangements, or adjust administrative provisions while ensuring compliance with the Trustees Act and other relevant Singapore legislation. It serves as a formal amendment that becomes part of the original trust documentation, particularly useful for responding to changing circumstances, regulatory requirements, or beneficiary needs.

What sections should be included in a Addendum To Trust Deed?

1. Parties: Identifies the trustee(s), settlor, and other relevant parties

2. Background: References original trust deed and reason for addendum

3. Definitions: Key terms used in the addendum

4. Amendments: Specific changes being made to the original trust deed

5. Confirmation: Confirmation that all other terms remain unchanged

6. Effective Date: When the amendments take effect

7. Execution: Signature blocks and attestation

What sections are optional to include in a Addendum To Trust Deed?

1. Regulatory Compliance: Required when trust involves regulated activities or entities - addresses compliance with relevant regulations

2. Tax Implications: Required when amendments affect tax treatment - outlines tax consequences of the amendments

3. Beneficiary Consent: Required when original trust deed mandates or when amendments affect beneficiary rights - includes consent provisions

What schedules should be included in a Addendum To Trust Deed?

1. Schedule of Amendments: Detailed listing of all changes to original trust deed

2. Consent Forms: Signed consent forms from relevant parties

3. Original Trust Deed: Copy of the original trust deed being amended

4. Asset Schedule: Updated schedule of trust assets if relevant to amendments

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

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alex.den.21@genieai.co
Clauses
Interpretation
Amendments to Original Trust Deed
Confirmation of Existing Provisions
Effective Date
Powers of Trustee
Trust Property
Beneficiary Rights
Distribution Provisions
Investment Powers
Administrative Powers
Tax Provisions
Governing Law
Variation
Severability
Execution Requirements
Notice Provisions
Compliance Requirements
Trustee Duties
Protector Powers
Perpetuity Period
Indemnification
Successor Trustees
Trust Expenses
Records and Accounts
Confidentiality
Dispute Resolution
Further Assurance
Entire Agreement
Counterparts
Industries

Trustees Act (Chapter 337): Primary legislation governing the duties, powers, and responsibilities of trustees, as well as trust administration and trust property management in Singapore

Trust Companies Act (Chapter 336): Regulates trust companies and their operations in Singapore, particularly relevant when professional trustees are involved in the trust arrangement

Income Tax Act: Covers tax implications for trust arrangements, including the tax treatment of trust income and distributions in Singapore

Stamp Duties Act: Outlines requirements for stamp duty on trust instruments and applicable fees and charges for trust-related documents

Mental Capacity Act: Relevant for trusts involving beneficiaries with mental incapacity, including provisions for powers of attorney and deputyship considerations

Property Law Act: Applicable when the trust involves real property, covering legal requirements for property holding in trust arrangements

Evidence Act: Specifies requirements for valid execution and witnessing of trust documents

Common Law Principles: Singapore trust law principles derived from common law and case law, covering fiduciary duties, trust interpretation, and trustee powers and obligations

MAS Guidelines: Regulatory guidelines from the Monetary Authority of Singapore applicable to regulated financial activities and compliance requirements for trust companies

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