You are on page 1of 4

sample

This Trust Deed is made the day of .. between ….., a company incorporated
in Malaysia and having a registered office at ….. (hereinafter called "the
Trustee") of the one part And ............(NRIC NO:........) of....................,
(hereinafter called "the Beneficiary") of the other part.

WHEREAS:
1. The Trustee holds .. units of the ordinary shares in ….. (hereinafter called
"the specified Shares") of which .. units of the specified Shares (hereinafter
called "the Trust Shares") was lately transferred or caused to be transferred in
the name of the Trustee by the Beneficiary. All such transfer as aforesaid were
made to the Trustee as a nominee of the Beneficiary and it was agreed that
the Trustee shall execute such declaration of trust as is hereinafter
contained.

NOW THIS DEED WITNESSETH as follows:-

Subject to the provisions of an agreement dated

The signed between the Trustee of the one part and the Beneficiary of the
other part which agreement is annexed hereto as Annexure "A" the Trustee
hereby declare that it holds the Trust Shares representing one sixteen
(1/16) of the above specified Shares in …….and all dividends and interest
accrued or to be accrued upon the same or any of them upon trust for the
Beneficiary and agrees to transfer pay and deal
with the Trust Shares and the dividends and interest payable in respect of
the same in such manner as the Beneficiary shall from time to time direct.

The Trustee will at the request of the Beneficiary or its successors in title
represent the Beneficiary at all meetings of shareholders or otherwise which
he shall be entitled to attend by virtue of being the registered proprietor
of the Trust Shares or any of them and will vote at every such meeting in
such manner as the Beneficiary shall have previously directed orally and in
default of and subject to any such direction of the Trustee and further will if
so required by the Beneficiary or its successors in title execute all proxies or
other documents which shall be necessary or properly to enable the
Beneficiary, its assigns or nominess to vote at any such meeting in place of the
Trustee.

The Beneficiary will at all times hereafter indemnify and keep indemnified the
Trustee its personal representatives, successors-in- title and effects against all
liabilities including any liability to the Inland Revenue Department which
the Trustee or they may incur by reason of such shares or any of them
being so registered in the name of the Trustee as aforesaid and in
particular will punctually pay all calls and other demands which the Trustee
or his personal representative may be or become liable to pay in respect of
any shares or securities for which pursuant to any conditional or preferential
right offered to the Trustee in respect of the Trust Shares or any of them the
Trustee may in his discretion subject as hereinafter mentioned think fit to
subscribe and all costs and expenses incurred by the Trustee in the execution
of the trust of this deed.

4.If any conditions or preferential right to subscribe for shares or securities in


the Company or any company or any other option shall be offered to the
Trustee as holder of the Trust Shares of any of them or otherwise in respect
thereof or any call be made upon any shares and securities so offered to and
subscribed for by the Trustee as aforesaid or other payment demanded in
respect thereof, the Trustee shall so soon as convenient may give notice of
such offer call or demand to the Beneficiary in writing and if not less than one
(1) week before the expiration of the time allowed for the exercise of such
option or making such payment the Trustee shall receive any directions in
writing from the Beneficiary and the Beneficiary shall pay or provide for any
money required to be paid to comply with such direction, the Trustee shall act
on such direction but if no such direction shall be received or the money
required to be provided for such action shall not be received or sufficient
money to the satisfaction of the Trustee shall not be received before the
time aforesaid, the Trustee shall act in his discretion in the matter and
such action shall be binding on the Beneficiary.

5. If the Trustee shall pay any money for calls or other demands in respect
of any shares or securities so offered to and subscribed for by the Trustee as
aforesaid, such money together with interest thereon at ten per cent (10%) per
annum or at two per cent (2%) per annum above the base lending rate of
Malayan Banking Berhad being the cost of fund of the Trustee (whichever is
the higher) until payment shall be and remain a charge in favour of the Trustee
upon the Trust Shares.

6. The Trustee shall hold all and any shares or securities so offered to the
Trustee in respect of the Trust Shares as aforesaid and subscribed for by it
upon the trusts and subject to the powers and provisions hereby declared
concerning the Trust Shares as if the same were and accretion thereto.

7 IN WITNESS WHEREOF the parties hereto have hereunto set their


hands the day and year first hereinabove written.

The Common Seal of )


)

was affixed hereunto )

in the presence of:- )

............................. ........................

Director Director/Secretary

I, an Advocate and Solicitor of the High Court in Malaya


and practising at Kuala Lumpur hereby certify that the Common Seal of NIAGA
LIMA SDN BHD was duly affixed in my presence this day of
1996 in accordance with the regulations of the said Company.

Witness my hand this day of

Signed by )
Sakti........ )

in the presence of:- )

I, an Advocate and Solicitor of the High Court in Malaya


and practising at Kuala Lumpur hereby certify that the signature of the
Beneficiary was affixed in my presence this day of and is to my own
personal knowledge the true signature of the Beneficiary who have
acknowledged to me:-

(i)that he is of full age;

(ii)that he has voluntarily executed this instrument; and

(iii)that he understand the contents and effects thereof.


Witness my hand this day of

You might also like