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Investment Trust Agreement
"I need an Investment Trust Agreement under Malaysian law for a family wealth management structure, to be established by March 2025, that includes Shariah-compliant investment provisions and accommodates multiple beneficiaries across three generations."
1. Parties: Identifies the settlor, trustee(s), and beneficiaries of the trust
2. Background: Sets out the context and purpose of establishing the investment trust
3. Definitions and Interpretation: Defines key terms used throughout the agreement and interpretation rules
4. Declaration of Trust: Formal establishment of the trust and transfer of initial assets
5. Trust Powers and Investment Authority: Details the investment powers, restrictions, and authority of the trustees
6. Investment Objectives and Strategy: Specifies the agreed investment objectives and permitted investment strategies
7. Trustee Duties and Responsibilities: Outlines the obligations and responsibilities of the trustees
8. Risk Management: Describes risk management procedures and investment risk parameters
9. Valuation and Reporting: Specifies how and when trust assets will be valued and reported
10. Distribution Policy: Details how and when investment returns will be distributed to beneficiaries
11. Fees and Expenses: Specifies all fees, charges, and expenses related to trust administration
12. Amendment and Termination: Procedures for modifying the trust agreement and circumstances for termination
13. Governing Law and Jurisdiction: Specifies Malaysian law as governing law and jurisdiction for disputes
1. Shariah Compliance: Required for Islamic investment trusts, specifying Shariah supervisory arrangements and compliance requirements
2. Multiple Trustees Provisions: Required when more than one trustee is appointed, detailing coordination and decision-making processes
3. Investment Committee: Optional section establishing an investment committee, its composition and role
4. Unit Trust Provisions: Required for unit trust structures, detailing unit issuance, pricing, and unitholder rights
5. Foreign Investment Provisions: Required when foreign investments are contemplated, addressing currency and regulatory considerations
6. Protector Provisions: Optional section appointing a protector and defining their powers and duties
7. ESG Investment Criteria: Optional section specifying environmental, social, and governance investment criteria
1. Schedule 1: Initial Trust Assets: Details of assets initially settled into the trust
2. Schedule 2: Investment Guidelines: Detailed investment parameters, restrictions, and asset allocation guidelines
3. Schedule 3: Fee Schedule: Comprehensive breakdown of all fees, charges, and compensation
4. Schedule 4: Valuation Methods: Detailed procedures for valuing different types of trust assets
5. Schedule 5: Distribution Rules: Detailed rules and procedures for calculating and making distributions
6. Schedule 6: Reporting Requirements: Templates and requirements for periodic reports to beneficiaries
7. Appendix A: KYC Requirements: Know Your Customer and due diligence requirements for beneficiaries
8. Appendix B: Risk Disclosure: Detailed disclosure of investment risks and risk management procedures
Authors
Accounting Period
Accumulation Period
Administration Agreement
Annual Report
Appointed Date
Auditor
Authorized Investments
Base Currency
Beneficiary
Business Day
Capital Markets and Services Act
Commencement Date
Custodian
Custody Agreement
Distribution Date
Distribution Period
Effective Date
Eligible Assets
Encumbrance
Exercise Price
Financial Year
Force Majeure Event
Fund Manager
Governing Law
Income
Initial Assets
Investment Committee
Investment Guidelines
Investment Management Agreement
Investment Manager
Investment Objectives
Investment Period
Investment Policy
Investment Powers
Investment Strategy
Islamic Financial Services Act
Management Fee
Market Value
Net Asset Value
Performance Fee
Portfolio
Principal Value
Protector
Registrar
Related Party
Securities Commission
Settlor
Shariah Advisor
Subscription Amount
Tax
Term
Trust
Trust Deed
Trust Fund
Trust Period
Trustee
Trustee Act
Valuation Date
Valuation Method
Valuation Report
Declaration of Trust
Trust Powers
Investment Authority
Investment Restrictions
Asset Management
Risk Management
Custody Arrangements
Distribution Rules
Valuation
Reporting Requirements
Fees and Expenses
Indemnification
Confidentiality
Data Protection
Compliance
Anti-Money Laundering
Record Keeping
Conflicts of Interest
Amendment
Termination
Force Majeure
Assignment
Notices
Severability
Entire Agreement
Governing Law
Dispute Resolution
Representations and Warranties
Liability
Delegation
Decision Making
Successor Trustee
Tax Provisions
Distribution Policy
Investment Committee
Voting Rights
Related Party Transactions
Ethical Investment
Unit Creation and Redemption
Financial Services
Banking
Investment Management
Wealth Management
Islamic Finance
Asset Management
Private Banking
Family Office Services
Trust Services
Corporate Services
Legal
Compliance
Investment Management
Risk Management
Wealth Management
Trust Administration
Operations
Client Services
Islamic Banking
Portfolio Management
Private Banking
Corporate Advisory
Fund Administration
Trust Officer
Investment Manager
Legal Counsel
Compliance Officer
Wealth Manager
Financial Advisor
Portfolio Manager
Risk Manager
Trust Administrator
Fund Manager
Private Banking Relationship Manager
Corporate Trustee
Shariah Advisor
Investment Analyst
Chief Investment Officer
Trust Operations Manager
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