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Second Trust Deed
"I need a Second Trust Deed to modify my existing family trust to include newly acquired properties in Kuala Lumpur and add my grandchildren as beneficiaries, with the changes to take effect from March 2025."
1. Parties: Identification of the Settlor, Trustees, and Beneficiaries
2. Background: Recitals explaining the existence of the first trust deed and the reason for creating this second trust deed
3. Definitions: Definitions of key terms used throughout the deed
4. Declaration of Trust: Formal declaration creating the trust and specifying the trust property
5. Powers and Duties of Trustees: Detailed outline of trustees' authority and responsibilities
6. Trust Period: Duration of the trust and conditions for termination
7. Distribution of Income and Capital: Rules governing how trust income and capital are to be distributed
8. Administrative Provisions: Procedures for trust administration and decision-making
9. Appointment and Removal of Trustees: Process for changing trustees
10. Governing Law and Jurisdiction: Specification of Malaysian law as governing law and jurisdiction clauses
1. Investment Powers: Specific investment authorities granted to trustees, included when trust involves investment activities
2. Variation of Trust: Mechanisms for modifying trust terms, included when flexibility is required
3. Protector Provisions: Included when a trust protector is appointed to oversee trustees
4. Charitable Provisions: Included when part of the trust is for charitable purposes
5. Foreign Element Provisions: Included when trust has international aspects or foreign beneficiaries
6. Tax Provisions: Specific tax planning clauses, included when tax efficiency is a key consideration
1. Schedule 1 - Trust Property: Detailed description of all assets held in the trust
2. Schedule 2 - First Trust Deed Details: Summary of relevant details from the first trust deed
3. Schedule 3 - Beneficiaries: Full list of beneficiaries and their respective interests
4. Schedule 4 - Trustees' Powers: Comprehensive list of specific powers granted to trustees
5. Schedule 5 - Administrative Provisions: Detailed administrative procedures and requirements
6. Appendix A - Consent Forms: Required consent forms from relevant parties
Authors
Financial Services
Real Estate
Banking
Wealth Management
Family Business
Private Equity
Legal Services
Estate Planning
Asset Management
Insurance
Legal
Wealth Management
Trust Administration
Compliance
Risk Management
Estate Planning
Tax Advisory
Corporate Services
Private Client Services
Asset Management
Trust Officer
Estate Planning Attorney
Wealth Manager
Financial Advisor
Trust Administrator
Legal Counsel
Corporate Trustee
Compliance Officer
Tax Consultant
Property Manager
Risk Manager
Family Office Manager
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