What is Trust in UAE ?
Trust in UAE: Definition
A trust in UAE (أمانة in Arabic) is a legal arrangement where one party (the trustee) holds and manages assets for the benefit of others (the beneficiaries). In UAE law, it’s a formal structure recognized primarily through the DIFC and ADGM financial centers, where property, money, or investments are legally held and managed according to specific terms.
Types of Trusts in UAE
A trust can take several forms:
Private Trusts:
- Family trusts for wealth protection
- Investment trusts for asset management
- Property trusts for real estate holdings
Commercial Trusts:
- Business succession trusts
- Real Estate Investment Trusts (REITs)
- Employee benefit trusts
Key Elements of a Trust
Essential Parties:
- Settlor – Creates the trust
- Trustee – Manages the trust
- Beneficiaries – Receive trust benefits
Legal Requirements:
- Clear intention to create trust
- Specific trust assets
- Identified beneficiaries
- Valid trust deed
How Trusts Work in UAE
Trust Formation:
- Established under DIFC or ADGM laws
- Requires formal documentation
- Must follow specific regulations
- Needs proper registration
Trust Operation:
- Asset management by trustees
- Regular reporting requirements
- Benefit distribution
- Compliance monitoring
Legal Framework
Governing Laws:
- DIFC Trust Law No. 4 of 2018
- ADGM Trust Regulations
- UAE Civil Code provisions
- Relevant financial regulations
Common Uses of Trusts
Primary Applications:
- Asset Protection
- Succession Planning
- Business Continuation
- Wealth Management
- Charitable Purposes
Example of a Trust
“Mr. Ahmed creates a family trust through DIFC, transferring his business assets worth AED 10 million. The trust is managed by a professional trustee for the benefit of his children’s education and future business ventures.”