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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."
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
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
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
Accounting Period
Administrative Services
Applicable Law
Approved Bank
Assets Under Management
Authorized Investments
Authorized Signatory
Banking Day
Beneficiary/Beneficiaries
BGB
Business Day
Confidential Information
Custodian
Distribution Date
Distribution Policy
Effective Date
Eligible Assets
EUR/Euro
Fee Schedule
Financial Year
Force Majeure Event
Fund Administrator
Governing Law
Initial Contribution
Investment Committee
Investment Guidelines
Investment Manager
Investment Objectives
Investment Period
Investment Policy
Investment Powers
Investment Restrictions
KWG
Management Fee
Net Asset Value
Operating Expenses
Performance Fee
Permitted Investments
Professional Advisers
Regulatory Authority
Regulatory Requirements
Reporting Period
Settlement Date
Settlor
Successor Trustee
Tax Year
Term
Third Party Service Provider
Treuhand
Treugeber
Treuhänder
Trust
Trust Account
Trust Assets
Trust Fund
Trust Period
Trust Property
Trustee
Valuation Date
Valuation Point
Asset Transfer
Beneficiary Rights
Confidentiality
Compliance
Counterparts
Data Protection
Distribution
Duties and Powers
Entire Agreement
Fees and Expenses
Force Majeure
Governing Law
Indemnification
Investment
Liability
Notice
Regulatory
Removal and Retirement
Reporting
Representations and Warranties
Severability
Succession
Tax
Term and Termination
Third Party Rights
Trust Administration
Trust Property
Variation and Amendment
Waiver
Financial Services
Banking
Asset Management
Investment Management
Private Wealth Management
Corporate Services
Family Office Services
Charitable Organizations
Real Estate
Infrastructure
Private Equity
Insurance
Legal
Compliance
Investment Management
Wealth Management
Risk Management
Finance
Tax
Corporate Services
Client Relations
Fund Administration
Operations
Regulatory Affairs
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
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