The Trust Contract serves as the foundational document for establishing and operating a trust under Swiss jurisdiction. While Switzerland doesn't have its own substantive trust law, it recognizes trusts through its ratification of the Hague Convention and provisions in its Private International Law Act. This contract type is particularly relevant for high-net-worth individuals, international families, and organizations seeking to establish asset protection, succession planning, or charitable structures. The Trust Contract details all aspects of the trust arrangement, including asset transfer, management responsibilities, beneficiary rights, and governance structures. It's commonly used in private wealth management, family office arrangements, and charitable foundations, requiring careful consideration of Swiss banking, tax, and regulatory requirements. The document must be drafted to ensure enforceability under Swiss law while maintaining flexibility for international elements often present in Swiss-administered trusts.
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1. Parties: Identification of all parties: Settlor(s), Trustee(s), and Protector(s) if any
2. Background: Context and purpose of establishing the trust
3. Definitions: Definitions of key terms used throughout the trust deed
4. Declaration of Trust: Formal establishment of the trust and transfer of assets
5. Trust Property: Detailed description of initial trust assets and provisions for additional contributions
6. Beneficiaries: Identification of beneficiaries and their respective interests
7. Powers and Duties of Trustees: Comprehensive list of trustee powers and obligations
8. Trust Administration: Rules for trust management, decision-making, and administrative procedures
9. Distribution Provisions: Rules governing distributions to beneficiaries
10. Duration and Termination: Trust period and circumstances for termination
11. Governing Law and Jurisdiction: Specification of Swiss law application and jurisdictional matters
12. Amendment Provisions: Procedures for modifying trust terms
13. Liability and Indemnification: Trustee liability limitations and indemnification provisions
1. Protector Provisions: Include when a trust protector is appointed to oversee trustee actions
2. Charitable Purposes: Required for charitable trusts to specify charitable objectives and beneficiaries
3. Business Operation Provisions: Include when trust holds business assets or operates commercial enterprises
4. Letter of Wishes: Non-binding guidance from settlor to trustees about trust administration
5. Investment Guidelines: Specific investment policies and restrictions
6. Successor Trustees: Detailed provisions for trustee succession if not covered in main administration section
7. Force Majeure: Provisions for handling extraordinary circumstances affecting trust administration
8. Tax Provisions: Specific provisions for tax efficiency and compliance
9. Conflict Resolution: Alternative dispute resolution procedures
1. Schedule A - Initial Trust Property: Detailed inventory of assets initially settled into the trust
2. Schedule B - Beneficiary Information: Complete details of beneficiaries and their respective interests
3. Schedule C - Trustee Compensation: Fee structure and payment terms for trustee services
4. Schedule D - Investment Policy Statement: Detailed investment guidelines and restrictions
5. Appendix 1 - Due Diligence Documents: KYC and AML documentation for relevant parties
6. Appendix 2 - Tax Residency Certificates: Tax documentation for relevant parties
7. Appendix 3 - Powers of Attorney: Any relevant powers of attorney or delegations of authority
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