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Master Trust Deed

Master Trust Deed Template for Australia

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Key Requirements PROMPT example:

Master Trust Deed

"I need a Master Trust Deed for a family investment trust to be established by March 2025, with provisions for multiple asset classes including property and shares, and specific clauses for foreign beneficiaries residing in New Zealand and Singapore."

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Document background
The Master Trust Deed is a crucial legal instrument used in Australian trust law to establish and govern trust arrangements. It serves as the primary document defining the trust's structure, operation, and governance framework. This document is particularly relevant when establishing complex trust arrangements for wealth management, investment purposes, or family asset protection. The Master Trust Deed includes comprehensive provisions covering trustee powers, beneficiary rights, asset management, income distribution, and compliance requirements under Australian law. It is designed to be both robust and flexible, allowing for various trust applications while ensuring compliance with regulatory requirements and fiduciary obligations. The document is commonly used by financial institutions, wealth management firms, and professional advisers when setting up trust structures for their clients.
Suggested Sections

1. Parties: Identifies and defines the key parties including the Trustee, Settlor, and any initial beneficiaries

2. Background: Sets out the context and intention to establish the trust and any relevant background information

3. Definitions and Interpretation: Comprehensive definitions of terms used throughout the deed and interpretation clauses

4. Establishment of Trust: Formal establishment of the trust, including settlement sum and declaration of trust

5. Trust Name and Duration: Specifies the name of the trust and its duration/vesting date

6. Trustee Powers and Obligations: Comprehensive list of trustee powers and their fiduciary obligations

7. Investment Powers: Details of how trust assets can be invested and investment restrictions

8. Trust Income and Capital: Rules for determining and distributing trust income and capital

9. Beneficiaries: Identification of beneficiaries and their rights, including rules for adding or removing beneficiaries

10. Trustee Indemnity and Liability: Provisions regarding trustee protection, indemnification, and limitation of liability

11. Trust Records and Accounts: Requirements for maintaining trust records, accounts, and reporting obligations

12. Trustee Remuneration: Provisions for trustee fees and expense reimbursement

13. Amendment of Trust Deed: Powers and procedures for amending the trust deed

14. Termination and Winding Up: Procedures for terminating the trust and distributing assets

15. Governing Law and Jurisdiction: Specifies the applicable law and jurisdiction for the trust

Optional Sections

1. Sub-Trust Provisions: Include when the trust structure allows for the creation of sub-trusts

2. Foreign Beneficiary Provisions: Include when beneficiaries may include foreign residents, addressing tax and compliance implications

3. Business Operation Provisions: Include when the trust may operate a business enterprise

4. Charitable Purposes: Include when the trust has charitable elements or purposes

5. Multiple Trustee Provisions: Include when multiple trustees may be appointed

6. Custodian Provisions: Include when a separate custodian will hold trust assets

7. Unit Trust Provisions: Include for unit trust structures, including unit issuance and transfer

8. Streaming Provisions: Include specific income streaming provisions for tax planning purposes

9. Corporate Trustee Provisions: Include specific provisions for corporate trustees

10. Digital Asset Provisions: Include when the trust may hold or deal with digital assets or cryptocurrencies

Suggested Schedules

1. Schedule 1 - Initial Trust Property: Details of the settlement sum and any initial trust property

2. Schedule 2 - Trustee Powers: Detailed list of specific powers granted to the trustee

3. Schedule 3 - Investment Powers: Detailed investment powers and restrictions

4. Schedule 4 - Beneficiary Classes: Detailed definition of beneficiary classes and categories

5. Schedule 5 - Meeting Procedures: Procedures for trustee meetings and decision-making

6. Schedule 6 - Remuneration Schedule: Detailed trustee remuneration structure and calculations

7. Schedule 7 - Delegation Powers: Scope and limitations of delegation powers

8. Appendix A - Appointment and Removal Forms: Template forms for appointing or removing trustees/beneficiaries

9. Appendix B - Distribution Minutes: Template distribution resolution minutes

10. Appendix C - Variation Deed Template: Template for future trust deed variations

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant legal definitions
Accounting Period
Appointer
Assets
Associate
Australian Law
Beneficiary
Business Day
Capital
Capital Gain
Capital Proceeds
Commencement Date
Corporations Act
Custodian
Default Beneficiaries
Designated Person
Distribute
Distribution Date
Eligible Investment
Excluded Person
Financial Year
Foreign Person
General Powers
Governing Law
Income
Initial Beneficiaries
Investment Strategy
Law
Liabilities
Net Income
Perpetuity Period
Power
Principal
Related Entity
Related Party
Related Trust
Resolution
Schedule
Settlor
Settlement Sum
Specified Beneficiary
Sub-Trust
Tax
Tax Act
Tax Credit
Tax Loss
Term
Trust
Trust Assets
Trust Deed
Trust Fund
Trust Income
Trust Liabilities
Trust Property
Trustee
Trustee Company
Unit
Unit Holder
Vesting Date
Clauses
Establishment
Interpretation
Appointment and Removal
Powers and Authorities
Investment
Distribution
Income and Capital
Trustee Duties
Trustee Indemnification
Beneficiary Rights
Trust Administration
Delegation
Amendment
Variation
Termination
Liability and Indemnity
Compliance
Record Keeping
Remuneration
Confidentiality
Dispute Resolution
Notice
Severability
Governing Law
Asset Management
Custodianship
Meetings
Execution
Sub-Trust Creation
Unit Issuance
Transfer and Transmission
Tax Provisions
Foreign Beneficiary
Vesting
Relevant Industries

Financial Services

Wealth Management

Investment Management

Real Estate

Family Business

Professional Services

Asset Management

Superannuation

Private Banking

Estate Planning

Relevant Teams

Legal

Compliance

Wealth Management

Trust Administration

Risk Management

Corporate Services

Investment Management

Private Client Services

Fund Administration

Financial Advisory

Relevant Roles

Trust Manager

Legal Counsel

Compliance Officer

Wealth Manager

Financial Advisor

Trust Administrator

Investment Manager

Corporate Trustee Director

Risk Manager

Trust Accountant

Estate Planning Lawyer

Company Secretary

Fund Manager

Private Client Advisor

Industries
Trustees Act (State-specific): Governs trustee powers, duties, and obligations. Each Australian state has its own Trustees Act that provides the legislative framework for trust administration.
Income Tax Assessment Act 1936 and 1997: Determines the tax treatment of trusts, including distribution of income, capital gains, and various tax obligations for trustees and beneficiaries.
Corporations Act 2001: Relevant when the trustee is a corporate entity, governing corporate trustee requirements and responsibilities.
Australian Securities and Investments Commission Act 2001: Provides regulatory framework for financial services and markets, including trust-related financial products and services.
Anti-Money Laundering and Counter-Terrorism Financing Act 2006: Imposes obligations regarding customer identification, transaction monitoring, and reporting for trust arrangements.
Property Law Act (State-specific): Governs aspects of property ownership and transfer within trusts, including requirements for trust property dealings.
Competition and Consumer Act 2010: Includes consumer protection provisions that may apply to trust services and dealings with beneficiaries.
Superannuation Industry (Supervision) Act 1993: Relevant if the trust deed is related to superannuation arrangements or may interact with superannuation entities.
Personal Property Securities Act 2009: Important for trust property that includes personal property and security interests.
Trust Law Amendment Acts: Various state-specific amendments to trust law that modify or update trust legislation and requirements.
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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