Trust Fund Agreement Template for Germany

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Key Requirements PROMPT example:

Trust Fund Agreement

"I need a Trust Fund Agreement under German law for a family investment trust managing €50 million in mixed assets (real estate, securities, and private equity), with quarterly distributions to three family member beneficiaries, starting from March 2025."

Document background
The Trust Fund Agreement (Treuhandvereinbarung) is a crucial document used when establishing a fiduciary arrangement under German law. This document is essential when parties wish to create a structured asset management arrangement where a trustee manages assets for the benefit of specific beneficiaries. It's particularly relevant for wealth management, charitable purposes, or corporate structuring. The agreement must be carefully drafted to comply with German civil law principles, as Germany doesn't recognize trusts in the common law sense but instead uses the concept of Treuhand. The document needs to address specific German regulatory requirements, including those from BaFin (Federal Financial Supervisory Authority), anti-money laundering regulations, and investment laws. It's commonly used by financial institutions, family offices, and corporate entities for various purposes including asset protection, investment management, and succession planning.
Suggested Sections

1. Parties: Identification of the settlor, trustee(s), and beneficiaries

2. Background: Context of the trust establishment and its purpose

3. Definitions and Interpretation: Key terms used throughout the agreement and rules of interpretation

4. Establishment of Trust: Declaration of trust, initial trust property, and trust purpose

5. Appointment and Role of Trustee: Trustee's appointment, powers, duties, and responsibilities

6. Trust Property and Contributions: Rules regarding trust assets, additional contributions, and asset management

7. Investment Powers and Restrictions: Investment guidelines, permitted investments, and restrictions

8. Distribution Rules: Rules governing distributions to beneficiaries

9. Accounting and Reporting: Requirements for financial records, reports, and audits

10. Fees and Expenses: Trustee compensation and trust expense provisions

11. Compliance Requirements: Regulatory compliance obligations including AML and KYC requirements

12. Amendment and Termination: Provisions for modifying or terminating the trust

13. Governing Law and Jurisdiction: Specification of German law application and jurisdiction

14. Miscellaneous: Standard boilerplate provisions including notices, severability, and entire agreement

Optional Sections

1. Co-Trustee Provisions: Required when multiple trustees are appointed, detailing their relationship and decision-making process

2. Investment Committee: Needed when an investment committee is established to oversee investment decisions

3. Tax Provisions: Specific tax planning provisions when required by the trust structure

4. Service Provider Arrangements: Required when external service providers (custodians, investment managers) are involved

5. Successor Trustee Provisions: Detailed provisions for trustee succession when specifically required

6. Force Majeure: Additional provisions for handling unforeseen circumstances

7. Confidentiality: Detailed confidentiality provisions when handling sensitive information

8. Environmental, Social and Governance (ESG) Criteria: When specific ESG investment requirements are needed

Suggested Schedules

1. Schedule 1 - Initial Trust Property: Detailed list and description of initial trust assets

2. Schedule 2 - Investment Guidelines: Detailed investment parameters, restrictions, and guidelines

3. Schedule 3 - Fee Schedule: Detailed breakdown of trustee fees and other charges

4. Schedule 4 - Beneficiary Information: Detailed information about beneficiaries and distribution rules

5. Schedule 5 - Reporting Requirements: Specific reporting formats and requirements

6. Appendix A - KYC Requirements: Required documentation and procedures for KYC compliance

7. Appendix B - Operating Procedures: Detailed administrative and operational procedures

8. Appendix C - Power of Attorney: If required, specific powers granted to trustees or other parties

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

Asset Management

Investment Management

Private Wealth Management

Corporate Services

Family Office Services

Charitable Organizations

Real Estate

Infrastructure

Private Equity

Insurance

Relevant Teams

Legal

Compliance

Investment Management

Wealth Management

Risk Management

Finance

Tax

Corporate Services

Client Relations

Fund Administration

Operations

Regulatory Affairs

Relevant Roles

Legal Counsel

Trust Officer

Compliance Officer

Investment Manager

Fund Manager

Wealth Manager

Private Client Advisor

Risk Manager

Chief Financial Officer

Asset Manager

Corporate Trustee

Financial Controller

Tax Advisor

Relationship Manager

Portfolio 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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