Contractual Trust Agreement Template for Switzerland

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Key Requirements PROMPT example:

Contractual Trust Agreement

"I need a Contractual Trust Agreement under Swiss law for managing family wealth of approximately 50M CHF, with provisions for three adult children as beneficiaries and specific investment restrictions for sustainable investments only, to be effective from March 1, 2025."

Document background
The Contractual Trust Agreement is primarily utilized in Switzerland when parties seek to establish a trust-like structure within the Swiss legal framework. While Switzerland doesn't have domestic trust law, it recognizes trust arrangements through the Hague Trust Convention and accommodates them through contractual mechanisms. This document is particularly relevant for wealth management, asset protection, and succession planning, typically employed by high-net-worth individuals, family offices, and corporate entities seeking to establish structured asset management arrangements. The agreement comprehensively addresses asset segregation, management powers, beneficiary rights, and compliance with Swiss financial regulations, while providing the flexibility to accommodate specific client needs within the constraints of Swiss law.
Suggested Sections

1. Parties: Identification of the Settlor, Trustee(s), and primary Beneficiaries with full legal details

2. Background: Context of the trust creation, intentions of the settlor, and purpose of the arrangement

3. Definitions: Detailed definitions of key terms used throughout the agreement

4. Trust Creation and Purpose: Formal declaration of trust, its purpose, and operative provisions establishing the trust relationship

5. Trust Assets: Description of initial trust assets and provisions for additional contributions

6. Trustee Powers and Duties: Comprehensive list of trustee authorities, responsibilities, and fiduciary obligations

7. Asset Management: Provisions regarding investment powers, restrictions, and asset management principles

8. Beneficiary Rights: Details of beneficiary entitlements, distribution rules, and conditions

9. Duration and Termination: Term of the trust, termination events, and distribution of assets upon termination

10. Accounting and Reporting: Requirements for financial records, reports, and accountability to beneficiaries

11. Trustee Compensation: Structure and terms of trustee remuneration

12. Liability and Indemnification: Scope of trustee liability and indemnification provisions

13. Governing Law and Jurisdiction: Confirmation of Swiss law application and jurisdiction for disputes

14. Amendment Provisions: Procedures and limitations for modifying the agreement

Optional Sections

1. Protector Provisions: Required when a trust protector is appointed, defining their role, powers, and duties

2. Successor Trustee Provisions: Detailed procedures for trustee succession when specific succession arrangements are needed

3. Anti-Duress Provisions: Protective clauses for beneficiaries in cases where asset protection is a key concern

4. Conflict Resolution: Specific dispute resolution procedures beyond standard court jurisdiction

5. Foreign Law Compliance: Required when trust has international elements requiring compliance with foreign regulations

6. Investment Committee: Provisions for establishing and operating an investment committee if complex asset management is needed

7. Charitable Purposes: Required when the trust includes charitable elements or beneficiaries

8. Letter of Wishes: Reference to and handling of any letter of wishes from the settlor

Suggested Schedules

1. Schedule A - Trust Assets: Detailed inventory and description of initial trust assets

2. Schedule B - Beneficiary Details: Complete information about beneficiaries and their respective interests

3. Schedule C - Distribution Rules: Specific rules and formulas for trust distributions

4. Schedule D - Trustee Compensation Structure: Detailed breakdown of trustee fees and payment terms

5. Schedule E - Investment Guidelines: Specific investment parameters and restrictions

6. Schedule F - Administrative Procedures: Detailed operational procedures for trust administration

7. Appendix 1 - KYC Documentation: Required documentation for compliance with Swiss anti-money laundering regulations

8. Appendix 2 - Tax Declarations: Required tax-related representations and declarations

9. Appendix 3 - Reporting Templates: Standard formats for required financial and administrative reporting

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
Clauses
Relevant Industries

Banking & Financial Services

Wealth Management

Private Banking

Corporate Services

Legal Services

Asset Management

Family Office Services

Trust & Fiduciary Services

Professional Services

Investment Management

Relevant Teams

Legal

Compliance

Wealth Management

Private Banking

Trust Administration

Risk Management

Tax Advisory

Investment Management

Client Relations

Corporate Services

Relevant Roles

Trust Officer

Wealth Manager

Private Banker

Legal Counsel

Compliance Officer

Financial Advisor

Tax Consultant

Investment Manager

Relationship Manager

Risk Manager

Corporate Trustee

Family Office Director

Asset Manager

Trust Administrator

Fiduciary Services 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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