The Registered Trust Deed is a crucial legal instrument in Canadian trust law, used to formally establish and document trust arrangements that require registration with relevant authorities. This document type is essential when creating trusts involving real property or where registration is required for legal certainty or tax purposes. The deed must comply with both federal requirements and provincial legislation in the relevant jurisdiction. A properly executed Registered Trust Deed provides clear evidence of the trust's existence, protects the interests of all parties involved, and ensures the trust arrangement is legally enforceable. It includes comprehensive details about the trust property, administrative provisions, trustee powers, and beneficiary rights, while incorporating necessary provisions for Canadian tax compliance and property registration requirements.
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1. Parties: Identifies the Settlor(s), Trustee(s), and named Beneficiaries with their full legal names and addresses
2. Background: Sets out the context and intention to create the trust, including the Settlor's wish to settle property upon trust
3. Definitions: Defines key terms used throughout the deed for clarity and consistency
4. Declaration of Trust: Formal declaration establishing the trust and confirming the transfer of trust property
5. Trust Property: Detailed description of the initial trust property being settled
6. Trust Terms: Core terms governing the trust, including duration, distribution rules, and beneficiary entitlements
7. Trustees' Powers: Comprehensive list of powers granted to trustees in managing the trust
8. Trustees' Duties: Statement of trustees' obligations and responsibilities
9. Administrative Provisions: Procedures for trust administration, including meetings, decisions, and record-keeping
10. Appointment and Removal of Trustees: Process for changing trustees and minimum number requirements
11. Variation and Termination: Circumstances and procedures for modifying or ending the trust
12. Governing Law and Jurisdiction: Confirms Canadian law applies and specifies relevant province
13. Execution: Signature blocks and attestation requirements
1. Perpetuity Period: Required if the trust may continue for an extended period, specifying compliance with perpetuity rules
2. Protector Provisions: Include when a trust protector is appointed to oversee certain trustee actions
3. Foreign Asset Provisions: Required when trust property includes assets located outside Canada
4. Special Beneficiary Provisions: Include for beneficiaries with special needs or specific requirements
5. Investment Policy: Detailed investment guidelines beyond standard trustee powers
6. Conflict Resolution: Specific procedures for resolving disputes between trustees or beneficiaries
7. Tax Planning Provisions: Special provisions for tax efficiency, if required
8. Digital Assets: Specific provisions for handling digital assets and online accounts
1. Schedule A - Trust Property: Detailed inventory and description of initial trust assets
2. Schedule B - Beneficiary Details: Full details of beneficiaries including shares or interests
3. Schedule C - Special Directions: Any specific instructions for trustees regarding particular assets or beneficiaries
4. Schedule D - Investment Guidelines: Detailed investment parameters and restrictions
5. Schedule E - Trustee Compensation: Details of any trustee remuneration arrangements
6. Appendix 1 - Property Valuations: Independent valuations of trust property at settlement
7. Appendix 2 - Tax Elections: Copies of any tax elections made in relation to the trust
8. Appendix 3 - Supporting Documents: Related certificates, licenses, or other relevant documentation
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