A Registered Trust Deed is essential for formally establishing and documenting trust arrangements in Hong Kong. This document type is commonly used when parties wish to create a legally robust and registered trust structure for purposes such as estate planning, asset protection, or family wealth management. The Registered Trust Deed must comply with Hong Kong's trust laws, particularly the Trustee Ordinance (Cap. 29) and Registration of Documents Ordinance (Cap. 150). It contains detailed provisions regarding trust property, beneficiary rights, trustee powers and obligations, and administrative procedures. Registration provides additional security and legal recognition, making it particularly suitable for high-value assets or complex trust arrangements. The deed serves as the foundational document throughout the trust's existence, governing all aspects of trust administration and management.
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1. Parties: Identifies the Settlor, Trustee(s), and any Protector or Enforcer of the trust
2. Background: Recites the intention to create the trust and context for its establishment
3. Definitions: Defines key terms used throughout the deed
4. Declaration of Trust: Formal declaration creating the trust and transferring assets to trustees
5. Trust Powers: Details the powers granted to trustees in managing and administering the trust
6. Trustee Duties and Responsibilities: Specifies the obligations and responsibilities of trustees
7. Beneficiary Rights: Defines the rights and interests of beneficiaries in the trust
8. Trust Administration: Sets out procedures for day-to-day management of the trust
9. Appointment and Removal of Trustees: Procedures for changing trustees
10. Amendment Provisions: Powers and procedures for amending the trust deed
11. Duration and Termination: Specifies trust period and circumstances for termination
12. Governing Law and Jurisdiction: Confirms Hong Kong law governs and jurisdiction for disputes
1. Protector Provisions: Required when a protector is appointed to oversee trustees
2. Letter of Wishes: Used when the settlor wishes to provide non-binding guidance to trustees
3. Perpetuity Period: Required for trusts that may continue for extended periods
4. Special Powers: Added for specific investment or management powers beyond standard trustee powers
5. Foreign Element Provisions: Required when trust has international aspects or assets
6. Minor Beneficiary Provisions: Added when beneficiaries include minors
7. Charitable Purposes: Required for trusts with charitable elements
1. Schedule 1 - Trust Property: Detailed inventory of initial trust assets and property
2. Schedule 2 - Beneficiaries: List of beneficiaries and their respective interests
3. Schedule 3 - Trustee Powers: Comprehensive list of specific powers granted to trustees
4. Schedule 4 - Trustee Remuneration: Details of trustee compensation and expense reimbursement
5. Schedule 5 - Administrative Provisions: Detailed procedures for trust administration
6. Appendix A - Forms: Standard forms for trustee appointments, removals, and other actions
7. Appendix B - Investment Guidelines: Specific investment parameters and restrictions
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