The Entrusted Shareholding Agreement is commonly used in Singapore when there is a need to separate legal and beneficial ownership of shares. This arrangement may be necessary for various reasons, including regulatory compliance, business structuring, or family wealth planning. The agreement explicitly defines the relationship between the nominee shareholder and beneficial owner, outlining voting rights, dividend distributions, and other shareholder privileges. Under Singapore law, such arrangements must be properly documented to ensure transparency and compliance with corporate governance requirements, including those set by the Monetary Authority of Singapore (MAS) and the Accounting and Corporate Regulatory Authority (ACRA).
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Key Requirements PROMPT example:
Entrusted Shareholding Agreement
"Need an Entrusted Shareholding Agreement for a Singapore tech startup where I will act as nominee shareholder holding 30% of shares on behalf of a foreign investor, with specific provisions for quarterly dividend distributions and voting rights alignment."
1. Parties: Identifies the entrustee (nominee shareholder) and entrustor (beneficial owner)
2. Background: Context of the arrangement and details of the shares being held in trust
3. Definitions: Key terms used throughout the agreement
4. Declaration of Trust: Formal declaration that shares are held in trust
5. Rights and Obligations: Duties of the nominee and rights of the beneficial owner
6. Voting Rights: How voting rights will be exercised
7. Term and Termination: Duration of the arrangement and termination provisions
1. Dividend Distribution: Provisions for handling dividend payments and distribution between parties
2. Foreign Ownership Provisions: Special provisions and compliance requirements for foreign beneficial owners
3. Share Transfer Mechanism: Detailed process and procedures for transferring shares between parties
1. Schedule 1 - Share Details: Details of shares held in trust including share certificates
2. Schedule 2 - Company Information: Details of the company whose shares are subject to the trust
3. Appendix A - Power of Attorney: Power of attorney document for specific actions by nominee
4. Appendix B - Share Transfer Forms: Pre-signed transfer forms for contingency purposes
Authors
Relevant legal definitions
Agreement
Applicable Laws
Beneficial Owner
Board
Business Day
Company
Company's Constitution
Confidential Information
Dividends
Effective Date
Encumbrance
Entrusted Shares
Entrustee
Entrustor
Events of Default
Governmental Authority
Nominee Shareholder
Notice
Parties
Related Corporation
Relevant Laws
Rights
Securities
Share Certificate
Shareholders
Shares
Singapore
Term
Transfer
Trust
Trust Assets
Trust Period
Voting Rights
Applicable Laws
Beneficial Owner
Board
Business Day
Company
Company's Constitution
Confidential Information
Dividends
Effective Date
Encumbrance
Entrusted Shares
Entrustee
Entrustor
Events of Default
Governmental Authority
Nominee Shareholder
Notice
Parties
Related Corporation
Relevant Laws
Rights
Securities
Share Certificate
Shareholders
Shares
Singapore
Term
Transfer
Trust
Trust Assets
Trust Period
Voting Rights
Clauses
Declaration of Trust
Appointment of Nominee
Rights and Obligations
Voting Rights
Dividends and Distributions
Representations and Warranties
Confidentiality
Transfer Restrictions
Power of Attorney
Indemnification
Term and Termination
Trust Property Management
Notices
Costs and Expenses
Assignment
Governing Law
Dispute Resolution
Force Majeure
Amendment and Variation
Severability
Entire Agreement
Counterparts
Further Assurance
Compliance with Laws
Anti-Money Laundering
Record Keeping
Share Certificates
Death or Incapacity
Trust Registration
Beneficial Ownership Reporting
Appointment of Nominee
Rights and Obligations
Voting Rights
Dividends and Distributions
Representations and Warranties
Confidentiality
Transfer Restrictions
Power of Attorney
Indemnification
Term and Termination
Trust Property Management
Notices
Costs and Expenses
Assignment
Governing Law
Dispute Resolution
Force Majeure
Amendment and Variation
Severability
Entire Agreement
Counterparts
Further Assurance
Compliance with Laws
Anti-Money Laundering
Record Keeping
Share Certificates
Death or Incapacity
Trust Registration
Beneficial Ownership Reporting
Relevant Industries
Relevant Teams
Relevant Roles
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