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Investment Trust Agreement

Investment Trust Agreement Template for New Zealand

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Key Requirements PROMPT example:

Investment Trust Agreement

"I need an Investment Trust Agreement for a family investment trust that will focus on sustainable and ethical investments in the New Zealand market, with provisions for quarterly distributions to beneficiaries and an investment committee structure to oversee investment decisions."

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Document background
The Investment Trust Agreement serves as the foundational document for establishing and operating investment trusts in New Zealand. It is typically used when parties wish to create a professional investment structure that allows for pooled investment management while maintaining trust characteristics. The agreement ensures compliance with the New Zealand Trusts Act 2019, Financial Markets Conduct Act 2013, and other relevant legislation. It outlines the trust's investment objectives, trustee powers and duties, investment policies, beneficiary rights, and administrative procedures. This document is essential for wealth management, family offices, and investment management services where professional trust structures are required for managing investment portfolios.
Suggested Sections

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

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

3. Definitions and Interpretation: Definitions of key terms and interpretation rules

4. Establishment of Trust: Declaration of trust, initial settlement, and trust name

5. Trust Purpose and Objectives: Detailed description of the trust's investment purposes and objectives

6. Trustee Powers and Duties: Powers and duties of trustees as per the Trusts Act 2019 and additional specific powers

7. Investment Policy and Guidelines: Investment parameters, restrictions, and decision-making processes

8. Trust Administration: Day-to-day management, decision-making procedures, and administrative matters

9. Beneficiary Rights and Interests: Rights of beneficiaries, distribution policies, and beneficial interests

10. Financial Management: Requirements for accounts, audits, and financial reporting

11. Compliance and Reporting: Regulatory compliance requirements and reporting obligations

12. Term and Termination: Duration of the trust and circumstances for termination

13. Amendment Provisions: Procedures for amending the trust deed

14. Governing Law and Jurisdiction: Specification of New Zealand law and jurisdiction

Optional Sections

1. Investment Committee: Required when establishing a formal investment committee structure for investment decisions

2. Environmental, Social and Governance (ESG) Policy: Include when the trust has specific ESG investment requirements

3. Foreign Investment Provisions: Required when the trust plans to invest in overseas markets

4. Alternative Investment Provisions: Include when the trust may invest in alternative assets like private equity or derivatives

5. Custodian Arrangements: Required when appointing an external custodian for trust assets

6. Unit Trust Provisions: Include if the trust is structured as a unit trust

7. Distribution Committee: Required when establishing a formal committee for distribution decisions

8. Dispute Resolution: Detailed dispute resolution procedures beyond standard jurisdiction clauses

Suggested Schedules

1. Schedule 1 - Initial Trust Property: Details of initial settlement and trust assets

2. Schedule 2 - Investment Guidelines: Detailed investment parameters, asset allocation ranges, and restrictions

3. Schedule 3 - Trustee Remuneration: Fee structure and payment terms for trustees

4. Schedule 4 - Meeting Procedures: Procedures for trustee meetings and decision-making processes

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

6. Appendix A - Compliance Checklist: Regulatory compliance requirements and verification procedures

7. Appendix B - Risk Management Framework: Detailed risk management policies and procedures

8. Appendix C - Forms and Certificates: Standard forms for trust administration and certificates

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

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant legal definitions
Accounting Period
Appointed Trustee
Authorised Investments
Beneficiaries
Business Day
Commencement Date
Custodian
Distribution Date
Excluded Person
Financial Year
Income
Initial Property
Investment Advisor
Investment Committee
Investment Guidelines
Investment Manager
Investment Objective
Investment Policy
Investment Strategy
Management Fee
Net Asset Value
Original Trustee
Permitted Investments
Portfolio
Principal
Prohibited Investment
Register
Related Party
Relevant Law
Resolution
Settlor
Special Resolution
Trust
Trust Assets
Trust Deed
Trust Fund
Trust Income
Trust Property
Trustee
Trustee Act
Trustee Powers
Unit
Unitholder
Valuation Date
Valuation Period
Vesting Date
Working Day
Clauses
Establishment of Trust
Trust Duration
Trust Purpose
Appointment and Removal of Trustees
Trustee Powers
Trustee Duties
Trustee Indemnification
Investment Powers
Investment Restrictions
Investment Policy
Risk Management
Asset Allocation
Custody Arrangements
Beneficiary Rights
Distribution Provisions
Income and Capital
Trust Administration
Record Keeping
Reporting Requirements
Compliance
Fees and Expenses
Valuation
Meetings and Resolutions
Amendments
Confidentiality
Conflicts of Interest
Related Party Transactions
Anti-Money Laundering
Dispute Resolution
Governing Law
Termination
Force Majeure
Severability
Notices
Execution
Relevant Industries

Financial Services

Investment Management

Wealth Management

Private Banking

Asset Management

Family Office Services

Professional Services

Trust Services

Fund Management

Corporate Services

Relevant Teams

Legal

Compliance

Investment Management

Trust Administration

Risk Management

Wealth Management

Portfolio Management

Client Services

Finance

Operations

Relevant Roles

Trust Manager

Investment Manager

Portfolio Manager

Compliance Officer

Legal Counsel

Trust Administrator

Risk Manager

Financial Advisor

Wealth Manager

Trust Officer

Investment Director

Chief Investment Officer

Fund Manager

Relationship Manager

Trust Accountant

Industries
Trusts Act 2019: The primary legislation governing trusts in New Zealand, covering trustee duties, powers, and obligations, including mandatory and default duties of trustees
Financial Markets Conduct Act 2013: Regulates financial markets and financial products, including investment products and schemes, and sets out disclosure requirements and licensing obligations
Anti-Money Laundering and Countering Financing of Terrorism Act 2009: Sets out requirements for customer due diligence and compliance obligations for financial institutions and trust arrangements
Income Tax Act 2007: Governs the taxation of trust income, distributions, and the tax treatment of various investment vehicles and financial arrangements
Tax Administration Act 1994: Covers tax reporting requirements, record-keeping obligations, and administrative matters related to trust taxation
Financial Service Providers (Registration and Dispute Resolution) Act 2008: Requires registration of financial service providers and sets out dispute resolution requirements
Contract and Commercial Law Act 2017: Provides the general framework for contract law and commercial transactions in New Zealand
Fair Trading Act 1986: Ensures fair trading practices and protects against misleading and deceptive conduct in financial services
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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