New Trust Law and Obligations of Trustee in UAE
The Law also identifies the trustees’ rights and obligations. The New Trust is defined as the division of assets in accordance with a trust procedure to be directed for the benefit of the Trustee. The Trust is directed by trust proceedings that are done under the new Trust law. The legal proceedings of the Trust are uttered by the Settlor and create the rules, regulations, and operating conditions of the Trust.
Fundamentals of a trust according to New Trust Law
According to the new trust law, a Trust is established must have the following fundamentals;
- A Settlor is agreeable to assert a trust over property that they own
- Beneficiaries
- Trustee to direct and govern the trust
- Purpose of the Trust (a reasonable purpose)
- Property that is recognizable and a matter of Trust
- Trust proceedings in written form or legal documentation
- Registration of the Trust in the new UAE Trust Register
The Trustee
To start up a trust there is always a trustee. A person is considered a trustee who has legal matters know-how or a commercial company registered him as a Qualified Trustee. A trustee must be a certified good conduct person. It is also probable that a settlor performs as a trustee. Under new regulations, a certified company has the right to approve a person as a professional trustee that is able to perform his duties as a trustee for family trusts in any private company too.
The new trust law provides comprehensive requirements for the regulation, selection, substitution, and execution of a trustee. By the provisions of this law, a co-trustee will be appointed. The co-trustee has the right to share obligations such as power share, decision share, and governing rights. Both the trustees work jointly and share the rights of custodial.
Obligations of a Trustee
The Obligations of Trustees by the new trust law are as follows;
- Trustees have the authority to manage, direct and control the trust property
- If trust property is restricted by trust terms or by Court, the trustee cannot override these limitations
- It is the trustee’s obligation to govern all the handlings of trust property
- The Court can restrict the Trustee’s powers in some cases
- The trustee has to implement required proceedings by execution of control, authority, and responsibility
- A trustee has to protect the Trust Property by all means
- Take all the necessary actions for Trust Property under the Trust Instrument and the new trust law
- Perform their responsibilities by upholding the interests of the Beneficiaries
- The trustee should act as a neutral person among multiple Beneficiaries
- A trustee should avoid merging the trust assets and his personal assets
The Trust Property
The new trust law has a detailed description of adequate and authorized property. Including transferable or in-transferable property, everything concerned with this property, and any right which subsists with this property. It covers any properties which lie inside or outside of the UAE. If a property is considered as a trust, the settlor of the trust has to be the owner of the property or has the legal right to act as holder of this property. The new trust law additionally explains an extensive view of the property rights and assets that can be the subject of an assertion of Trust.
The Trust Proceedings
New Trust Law explains the trust proceedings, and it is a written document fulfilled by the settlor. The settlor of the trust property established Trust and regulates it under certain terms and conditions. This law endorsed that a Settlor may begin a testamentary Trust under the Settlor’s will. If the owner of the property has no legal power and is not good conduct, then UAE Courts are conferred to create the trust under legal regulations. In this case, Court decides the terms, policies, rules, and conditions. This legal write-up by Court is then considered a Trust instrument.
The trust instrument or proceedings includes;
- Beneficiaries’ rights
- Regulation of obligations and rights of Trustee, Settlor, Beneficiaries, and Trust Protector
- The selection, exclusion, dismissal, and substitution of Trustee
- Trust Property’s terms, policies, and conditions
- Concerns about Trust dissolution
An Effective System of managing Finance
UAE Securities and Commodities Authority regulates investment funds. New Trust Law allows managing finance through an effective system of SCA. Under SCA procedures, creating an investment fund is time taking and involves substantial financial and technical resources. By shifting assets to the trust and categorizing a trust procedure, an investment fund is generated by the new trust law.
Conclusion
The New Trust Law acts as a set-out way or route for handling, controlling, and securing businesses in the UAE. New Trust Law offers investment ideas that explain the restrictions in the current investment methods. This Law presents a somewhat modest, simple, and cheap means for constructing investment regulations. UAE enterprises, specifically family businesses and productions, deliberate it a big benefit. The new trust law, as it comes into practice, has to face some challenges as well. But specifically, the acknowledgment in the UAE commercial and regulatory field of the new Trust Law will entail the establishments and stakeholders to recognize and give influence to a new idea of assets constitutional rights, where legal interests deviate.
For more detail contact HHS lawyers in Dubai.
References
Kilma S, and Birtan I, “Contractual Relationship in Trust Property” [2020] 69 German Journal of Legal Studies 81
Roneem P, and Emre M, “Wealth Management and Trust Law in UAE” [2019] 22 UAE Law and Practice Articles 77
Aurthur, “Legal ownership and Trust Property” [2017] 199 American Journal of Human Rights 910
Hungman, and Taylor F, “Trust Administration in UAE” [2016] 98 Swedish Journal of Business and Enterprise Laws 110
Louis S, and James A, “Family Assets and their Protection under UAE Laws” [2011] 28 International Journal of Law and Management 54.
