Harneys Guide to Creating a Share Trust

Click here for a PDF version of this guide.

Share Trust Home Page
Section 1 - The process of creating a Share Trust
Stage 1
Stage 2
Stage 3
Stage 4
Stage 5
Section 2 - How to complete the Trustee Service Agreement
Body of Trustee Service Agreement:
Parties - Settlor Details
Clause (1) - Fees and Payment Obligations
Section (3) - Representations
Section (6) - Indemnity
Signature Clause
The Schedule
Part 1 - Share Trust Formation Questionnaire
Section (1) - Name of Share Trust
Section (2) - Details of Primary Beneficiaries
Section (3) - Details of Secondary Beneficiaries
Section (4) - Details of the Company
Section (5) - Details of Shares
Section (6) - Details of Nominated Director(s)
Section (7) - Income Mandate Form, Payment Details
Section (8) - Agent for correspondence
Part 2 - Settlor Identification Evidence
Section 3 - Contacts


This guide describes in detail the process for creating a Share Trust and gives guidance on how to complete the documentation package which we need from you. Our objective is to make the procedure easy and efficient but in order to achieve a robust and clear legal structure there are a number of necessary steps. If at any point you have any questions please email Lynadia Maduro-Maximin at lynadia.maduro-maximin@harneys.com or Gizelle Osborne-Leader at gizelle.osborne-leader@harneys.com. If it is more convenient, you can also contact a lawyer at one of Harneys' British Virgin Islands, London or Hong Kong offices.

It is probably helpful to have at the outset a full list of the documents which are necessary to create and support the operation of the Share Trust. These are:
  1. Trustee Service Agreement
  2. Trust Deed
  3. Rights Deed
  4. Director Nomination Form
  5. Share Transfer Form
  6. Directors Resolution
  7. New Share Certificate
  8. Original Share Certificate
  9. Power of Attorney
  10. Income Mandate Form
  11. Call Notices
We will generate these documents but some input from you is necessary.

Click here for a PDF version of this guide.



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