Master Trust Deed Template for Canada

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Key Requirements PROMPT example:

Master Trust Deed

"I need a Master Trust Deed for establishing a Canadian real estate investment trust by March 2025, with specific provisions for multiple unit classes and quarterly distributions to unitholders, ensuring compliance with Ontario securities regulations."

Document background
The Master Trust Deed serves as the primary governing document for establishing and operating trusts within the Canadian legal framework. It is typically used when creating complex trust arrangements such as unit trusts, investment funds, security trusts, or corporate trust structures. The document incorporates essential elements required by Canadian federal and provincial legislation, including trustee powers and duties, beneficiary rights, investment restrictions, and compliance requirements. A Master Trust Deed provides the flexibility to accommodate various trust purposes while ensuring compliance with regulatory requirements, fiduciary obligations, and tax considerations. It establishes the foundation for trust governance and can be supplemented with specific schedules and appendices to address particular trust arrangements or asset classes.
Suggested Sections

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

2. Background: Sets out the context and purpose of establishing the trust

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

4. Declaration of Trust: Formal establishment of the trust and initial trust property

5. Trust Powers: Comprehensive list of powers granted to the trustee in managing the trust

6. Trustee Appointment and Removal: Procedures for appointing, removing, and replacing trustees

7. Trustee Duties and Responsibilities: Detailed obligations and responsibilities of the trustee

8. Investment Powers: Specific powers and restrictions regarding investment of trust assets

9. Income and Capital: Rules for handling trust income and capital, including distributions

10. Beneficiary Rights: Rights of beneficiaries including information rights and distribution entitlements

11. Trust Administration: Day-to-day administrative procedures and requirements

12. Accounts and Audit: Requirements for financial record-keeping and audit procedures

13. Trustee Remuneration and Expenses: Provisions for trustee compensation and expense reimbursement

14. Liability and Indemnity: Trustee liability limitations and indemnification provisions

15. Amendment Provisions: Procedures for amending the trust deed

16. Termination: Circumstances and procedures for trust termination

Optional Sections

1. Security Trustee Provisions: Required when the trust involves secured assets or acts as security trustee for bondholders

2. Unit Trust Provisions: Required for unit trusts, including unit issuance, pricing, and redemption procedures

3. Custodian Provisions: Required when a separate custodian holds trust assets

4. Investment Committee: Required when an investment committee will be established to guide investment decisions

5. Multiple Class Provisions: Required for trusts with different classes of beneficial interests

6. Foreign Investment Provisions: Required when the trust may invest in foreign assets

7. Tax Provisions: Specific tax-related provisions based on the trust structure and jurisdiction

8. Environmental, Social and Governance (ESG): Required when the trust has specific ESG investment requirements or restrictions

Suggested Schedules

1. Schedule 1 - Initial Trust Property: Details of property initially settled on the trust

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

3. Schedule 3 - Investment Guidelines: Detailed investment policies and restrictions

4. Schedule 4 - Fees and Expenses: Detailed fee structure and expense policies

5. Schedule 5 - Meeting Procedures: Procedures for trustee and beneficiary meetings

6. Schedule 6 - Form of Transfer Documents: Standard forms for transferring trust property

7. Schedule 7 - Reporting Requirements: Detailed reporting obligations and templates

8. Schedule 8 - Compliance Procedures: Detailed compliance and regulatory requirements

9. Appendix A - Beneficiary Register Form: Template for maintaining beneficiary records

10. Appendix B - Distribution Statement Format: Standard format for recording and communicating distributions

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

Relevant legal definitions
Relevant Industries

Financial Services

Banking

Investment Management

Real Estate

Wealth Management

Fund Management

Corporate Services

Insurance

Pension Funds

Private Equity

Relevant Teams

Legal

Compliance

Trust Administration

Investment Management

Risk Management

Operations

Finance

Corporate Secretariat

Wealth Management

Portfolio Management

Relevant Roles

Trust Officer

Legal Counsel

Compliance Officer

Fund Manager

Investment Manager

Corporate Trustee

Trust Administrator

Risk Manager

Company Secretary

Portfolio Manager

Wealth Manager

Financial Controller

Chief Financial Officer

Chief Legal Officer

Trust Operations Manager

Industries
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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