The Real Property Trust Agreement is a crucial document used in the Philippines when establishing a trust arrangement over real estate assets. It serves as the foundational document that transfers property from a settlor to a trustee for the benefit of specified beneficiaries, while ensuring compliance with Philippine property and trust laws. This agreement is particularly useful in estate planning, property management, and investment structures where direct ownership is not desired or practical. The document must address specific requirements under the Civil Code of the Philippines, the Property Registration Decree, and various regulatory frameworks governing real estate and trust arrangements. It typically includes detailed provisions about property management, trustee powers, beneficiary rights, and trust administration, while ensuring alignment with local registration requirements and ownership restrictions.
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1. Parties: Identifies and defines the Settlor, Trustee, and any named Beneficiaries with their complete details
2. Background: Explains the context and purpose of creating the trust, including the Settlor's intention to create a trust over specific real property
3. Definitions: Defines key terms used throughout the agreement
4. Declaration of Trust: Formal declaration establishing the trust and transferring the property to the Trustee
5. Trust Property: Detailed description of the real property being placed in trust, including legal description and title details
6. Powers and Duties of Trustee: Comprehensive list of Trustee's authorities and responsibilities in managing the trust property
7. Rights and Interests of Beneficiaries: Specifies the nature and extent of beneficiaries' interests in the trust property
8. Trust Administration: Details of how the trust will be managed, including decision-making processes and operational procedures
9. Compensation and Expenses: Provisions for Trustee compensation and reimbursement of trust-related expenses
10. Accounting and Reporting: Requirements for financial reporting, record-keeping, and accountability to beneficiaries
11. Duration and Termination: Terms regarding the trust's duration and circumstances for termination
12. Governing Law and Jurisdiction: Specifies Philippine law as governing law and defines jurisdiction for disputes
13. Execution and Registration: Requirements for proper execution and registration of the trust agreement
1. Successor Trustee Provisions: Procedures for appointment of successor trustees - include when there's a need to plan for trustee succession
2. Co-Trustee Provisions: Rules for co-trustees' operations - include when multiple trustees are appointed
3. Investment Powers: Specific investment authorities - include when the trust allows for investment of proceeds or income
4. Property Management Guidelines: Detailed property management rules - include when the property requires specific management approaches
5. Tax Provisions: Specific tax handling instructions - include when complex tax situations exist
6. Foreign Ownership Compliance: Special provisions ensuring compliance with foreign ownership restrictions - include when foreign parties are involved
7. Dispute Resolution: Detailed arbitration or mediation procedures - include when parties want to specify alternative dispute resolution
8. Amendment Procedures: Procedures for modifying the trust - include when flexibility for future changes is desired
1. Schedule A - Property Details: Complete legal description of the real property, including boundaries, title information, and any encumbrances
2. Schedule B - Initial Trustee Compensation: Detailed breakdown of trustee fees and payment schedule
3. Schedule C - Beneficiary Distribution Schedule: Details of how and when beneficiaries receive benefits from the trust
4. Schedule D - Property Management Plan: Specific guidelines for property maintenance, leasing, or development
5. Appendix 1 - Property Documents: Copies of property title, tax declarations, and other relevant property documents
6. Appendix 2 - Required Regulatory Filings: List and copies of necessary government registrations and permits
7. Appendix 3 - Trustee Acceptance: Formal acceptance of appointment by the trustee
8. Appendix 4 - Beneficiary Acknowledgments: Signed acknowledgments from beneficiaries accepting the terms of the trust
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