The Declaration of Bare Trust and Agency Agreement is commonly used when there's a need to separate legal and beneficial ownership of assets while appointing a professional manager. This arrangement is particularly useful in property investments, family wealth planning, and nominee arrangements under English and Welsh law. The document combines trust declarations required under the Trustee Act 2000 with agency provisions, creating a comprehensive framework for asset management. It typically includes detailed provisions about the trust property, the scope of the agent's authority, duties of all parties, and termination provisions.
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1. Parties: Identifies trustee, beneficiary, and agent with full details
2. Background: Context and purpose of the bare trust and agency arrangement
3. Definitions: Key terms used throughout the document
4. Declaration of Trust: Formal declaration of bare trust over specified assets
5. Trust Property: Detailed description of assets held in trust
6. Agency Appointment: Terms of agent's appointment and scope of authority
7. Duties and Powers: Obligations and authorities of trustee and agent
8. Termination: Circumstances and process for ending the arrangements
1. Remuneration: Terms of payment for agent or trustee services - used when services are not provided gratuitously
2. Liability and Indemnity: Additional protection for trustees or agents - used when parties require specific risk allocation
3. Reporting Requirements: Specific reporting obligations - used for complex arrangements requiring regular updates
4. Tax Provisions: Specific tax treatment agreements - used when specific tax positions need to be documented
1. Schedule 1 - Trust Property: Detailed inventory of assets held in trust
2. Schedule 2 - Agent's Powers: Detailed list of agent's specific authorities
3. Schedule 3 - Fee Schedule: Detailed breakdown of any fees or charges (optional)
4. Schedule 4 - Reporting Template: Standard format for periodic reports (optional)
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