The Trust Memorandum of Association is a critical document used when establishing a trust structure in Switzerland. Despite Switzerland not having its own trust law, it is a signatory to the Hague Trust Convention and has a sophisticated framework for recognizing and administering trusts. This document is essential when setting up new trust arrangements, particularly for international clients utilizing Swiss financial and administrative services. The memorandum comprehensively details the trust's structure, governance, and operations, ensuring compliance with Swiss regulatory requirements and international standards. It includes crucial information about trust assets, beneficiary rights, trustee powers, and administrative procedures. The Trust Memorandum of Association is particularly relevant for high-net-worth individuals, families, and organizations seeking to establish trust structures in Switzerland's well-regulated and prestigious financial environment.
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1. Parties: Identification of the settlor(s), initial trustees, and any protector or enforcer
2. Background: Context and purpose for establishing the trust
3. Definitions: Key terms used throughout the memorandum
4. Trust Establishment: Declaration of trust creation, name, and governing law
5. Trust Purpose: Detailed objectives and intended beneficiaries of the trust
6. Powers and Duties of Trustees: Comprehensive outline of trustee authorities and responsibilities
7. Trust Administration: Operational procedures, decision-making processes, and management structure
8. Beneficiary Rights: Rights, interests, and entitlements of beneficiaries
9. Distribution Rules: Guidelines and procedures for distributing trust assets
10. Investment Powers: Parameters and restrictions for investment of trust assets
11. Accounting and Reporting: Requirements for financial records, audits, and reporting
12. Amendment Provisions: Procedures for modifying the trust deed
13. Termination: Conditions and procedures for trust termination
1. Protector Provisions: Include when a trust protector is appointed to oversee trustee actions
2. Private Trust Company Structure: Include when trust is administered through a private trust company
3. Charitable Purposes: Include for trusts with charitable elements or purposes
4. Cross-Border Provisions: Include when trust has significant international elements
5. Family Governance: Include for family trusts requiring specific governance structures
6. Conflict Resolution: Include detailed dispute resolution procedures for complex trust structures
7. Letter of Wishes Integration: Include when incorporating settlor's letter of wishes
8. Business Interest Management: Include when trust holds business assets or operating companies
1. Schedule 1: Initial Trust Assets: Detailed inventory of assets initially settled into the trust
2. Schedule 2: Beneficiary Information: Complete list of beneficiaries and their respective interests
3. Schedule 3: Investment Guidelines: Detailed investment policies and restrictions
4. Schedule 4: Administrative Procedures: Specific procedures for trust administration and operation
5. Schedule 5: Fee Structure: Trustee and administrative fee arrangements
6. Appendix A: Compliance Requirements: Detailed Swiss regulatory compliance requirements
7. Appendix B: Reporting Templates: Standard forms for required financial and regulatory reporting
8. Appendix C: Power of Attorney Forms: Standard forms for delegating authority
9. Appendix D: Contact Information: Details of all relevant parties, advisors, and service providers
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