A Declaration of Trust for Shares is commonly used in New Zealand when there is a need to separate legal and beneficial ownership of shares, whether for tax planning, asset protection, or business structuring purposes. This document is essential in situations where one party holds shares as a trustee for the benefit of another party, creating a fiduciary relationship governed by New Zealand's Trusts Act 2019 and Companies Act 1993. The declaration formally records the trust arrangement, specifying the shares involved, the rights and obligations of both trustee and beneficiary, and how aspects such as dividends and voting rights will be managed. It's particularly valuable in family business arrangements, nominee shareholding situations, and corporate restructuring scenarios where beneficial ownership needs to be clearly documented while legal title remains with a trustee.
Thank you! Your submission has been received!
Oops! Something went wrong while submitting the form.
Your data doesn't train Genie's AI
You keep IP ownership聽of your docs
1. Parties: Identifies the Declarant/Trustee and the Beneficiary
2. Background: Sets out the context of the declaration, including details of share ownership and intention to create trust
3. Definitions: Defines key terms used throughout the document
4. Declaration of Trust: The formal declaration that the shares are held on trust for the beneficiary
5. Trust Property: Detailed description of the shares subject to the trust
6. Trustee Powers and Duties: Specifies the powers and duties of the trustee in relation to the shares
7. Beneficiary Rights: Outlines the rights of the beneficiary, including rights to dividends and voting instructions
8. Duration of Trust: Specifies the term of the trust arrangement
9. Execution: Formal execution clause and signing provisions
1. Trustee Remuneration: Include when the trustee is to receive payment for their services
2. Voting Rights: Detailed provisions about how voting rights are to be exercised, include when specific voting arrangements are required
3. Transfer and Assignment: Include when transfer of beneficial interest needs to be addressed
4. Termination Provisions: Include when specific termination circumstances need to be addressed
5. Dividend Policy: Include when specific arrangements for handling dividends are required
6. Multiple Beneficiaries: Include when there is more than one beneficiary to specify their respective interests
7. Dispute Resolution: Include when specific dispute resolution procedures are desired
1. Schedule 1 - Share Details: Details of the shares held in trust, including company name, share certificate numbers, and number of shares
2. Schedule 2 - Trustee Powers: Comprehensive list of trustee powers in relation to the shares
3. Schedule 3 - Beneficiary Details: Full details of beneficiaries and their respective entitlements if multiple beneficiaries
4. Schedule 4 - Deed of Accession: Template for adding new beneficiaries if permitted
5. Appendix A - Copy of Share Certificates: Copies of relevant share certificates
6. Appendix B - Company Constitution Extract: Relevant extracts from the company constitution regarding share transfers and trusts
Find the exact document you need
Declaration Of Living Trust
A New Zealand legal document that establishes a living trust for asset management and wealth preservation, governed by the Trusts Act 2019.
Download
Declaration Of Bare Trust
A New Zealand legal document establishing a bare trust arrangement where a trustee holds property solely as a nominee for a beneficiary, governed by NZ trust law.
Download
Declaration Of Trust Beneficial Interest
A New Zealand legal document declaring a trust relationship where a trustee holds property or assets for the benefit of another party, governed by the Trusts Act 2019.
Download
Declaration Of Trust For Shares
A New Zealand legal document establishing a trust arrangement where shares are held by a trustee for a beneficiary's benefit, compliant with NZ trust law.
Download
骋别苍颈别鈥檚 Security Promise
Genie is the safest place to draft. Here鈥檚 how we prioritise your privacy and security.
Your documents are private:
We do not train on your data; 骋别苍颈别鈥檚 AI improves independently
All data stored on Genie is private to your organisation
Your documents are protected:
Your documents are protected by ultra-secure 256-bit encryption
We are ISO27001 certified, so your data is secure
Organizational security:
You retain IP ownership of your documents and their information
You have full control over your data and who gets to see it