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Master Trust Deed

Master Trust Deed Template for New Zealand

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Key Requirements PROMPT example:

Master Trust Deed

"Need a Master Trust Deed for a sustainable investment fund launching in March 2025, compliant with New Zealand law, that includes specific provisions for ESG investing and allows for multiple sub-funds focused on renewable energy and clean technology investments."

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Document background
The Master Trust Deed serves as the cornerstone document for establishing sophisticated trust structures in New Zealand's financial and investment landscape. This document is essential when creating a framework for collective investment schemes, retirement schemes, or other trust-based investment vehicles that require a flexible structure capable of accommodating multiple sub-funds or investment portfolios. The deed must comply with New Zealand's regulatory requirements, particularly the Trusts Act 2019 and Financial Markets Conduct Act 2013, while providing comprehensive provisions for trust governance, investment management, unit holder rights, and operational procedures. It is particularly suited for financial institutions, fund managers, and other organizations seeking to establish a robust and compliant trust structure that can accommodate multiple investment offerings under a single trust framework.
Suggested Sections

1. Parties: Identifies and defines the key parties: Trustee, Manager, Supervisor (if applicable), and Initial Beneficiaries

2. Background: Sets out the context and purpose of establishing the master trust

3. Definitions and Interpretation: Comprehensive definitions of terms used throughout the deed and interpretation rules

4. Declaration of Trust: Formal establishment of the trust and confirmation of trustee appointment

5. Trust Powers and Duties: Comprehensive outline of trustee powers, responsibilities, and duties under the Trusts Act 2019

6. Management and Administration: Provisions regarding the management structure and administrative processes

7. Investment Powers and Policies: Framework for investment decisions, limitations, and investment policy requirements

8. Beneficiaries' Rights and Interests: Details of beneficiary entitlements, rights, and participation provisions

9. Units and Unit Holders: Structure of units, unit holding rights, and unit holder registry requirements

10. Fees and Expenses: Framework for fees, charges, and expense allocation

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

12. Meetings and Resolutions: Procedures for trust meetings and decision-making processes

13. Amendments to Deed: Provisions for making changes to the trust deed

14. Termination and Winding Up: Procedures for terminating the trust and distribution of assets

Optional Sections

1. Retirement Scheme Provisions: Additional provisions specific to retirement schemes, required if the trust operates as a retirement scheme

2. Multiple Fund Provisions: Specific provisions for operating multiple sub-funds, needed if the trust will have separate investment portfolios

3. Foreign Investment Provisions: Additional provisions for overseas investments, required if the trust invests internationally

4. Wholesale/Retail Investor Provisions: Specific provisions based on investor classification, needed if the trust serves different investor types

5. Environmental, Social and Governance (ESG): Specific provisions for ESG investment requirements and reporting, if applicable

6. Digital Asset Provisions: Specific provisions for handling digital assets and cryptocurrencies, if relevant

7. Tax Status Elections: Specific provisions regarding tax status and elections, if special tax treatment is required

Suggested Schedules

1. Schedule 1: Meeting Procedures: Detailed procedures for conducting meetings of unit holders

2. Schedule 2: Unit Pricing and Valuation: Detailed methodology for unit pricing and asset valuation

3. Schedule 3: Investment Guidelines: Specific investment parameters, restrictions, and guidelines

4. Schedule 4: Fee Schedule: Detailed breakdown of all fees, charges, and calculation methodologies

5. Schedule 5: Application and Redemption Procedures: Procedures for unit applications and redemptions

6. Schedule 6: Register Requirements: Detailed requirements for maintaining the register of unit holders

7. Appendix A: Form of Supplemental Deed: Template for creating supplemental deeds for new funds or modifications

8. Appendix B: Compliance Requirements: Detailed regulatory compliance requirements and procedures

9. Appendix C: Distribution Policy: Detailed policy regarding distributions to beneficiaries

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
Accumulation Units
Act
Administration Manager
Applicable Laws
Appointed Time
Auditor
Authorised Investments
Bank
Beneficial Interest
Business Day
Class
Commencement Date
Compliance Plan
Constituent Documents
Custodian
Deed
Distribution Account
Distribution Period
Distributable Income
Extraordinary Resolution
Financial Markets Authority
Financial Statements
Financial Year
Fund
Income
Initial Units
Investment Guidelines
Investment Manager
Investment Management Agreement
Investment Objective
Issue Price
Liabilities
Manager
Market Price
Master Trust
Meeting
Net Asset Value
Ordinary Resolution
Participation Units
Portfolio
Proper Instructions
Record Date
Register
Registrar
Registry Services
Related Party
Relevant Date
Relevant Interest
Resolution
Scheme
Scheme Property
Special Resolution
Sub-Fund
Subscription Amount
Supervisor
Tax
Tax Act
Term
Transaction Costs
Trust
Trust Fund
Trustee
Unit
Unit Holder
Unit Holding
Valuation Date
Valuation Point
Valuation Time
Withdrawal Notice
Withdrawal Price
Working Day
Clauses
Interpretation
Constitution of Trust
Declaration of Trust
Trust Duration
Appointment and Removal
Powers and Duties
Investment Management
Asset Custody
Unit Issues
Unit Transfers
Unit Redemptions
Valuation
Income Distribution
Fees and Expenses
Indemnification
Compliance
Reporting
Meetings
Voting Rights
Amendments
Termination
Governing Law
Dispute Resolution
Confidentiality
Notices
Assignment
Severability
Force Majeure
Anti-Money Laundering
Tax Provisions
Related Party Transactions
Conflicts of Interest
Record Keeping
Audit Requirements
Risk Management
Environmental Social Governance
Digital Asset Management
Retirement Scheme Provisions
Foreign Investment
Relevant Industries

Financial Services

Investment Management

Wealth Management

Retirement Services

Fund Management

Banking

Insurance

Asset Management

Professional Services

Property Investment

Relevant Teams

Legal

Compliance

Risk Management

Operations

Investment Management

Product Development

Client Services

Finance

Executive Leadership

Company Secretariat

Fund Administration

Portfolio Management

Relevant Roles

Chief Executive Officer

Chief Financial Officer

Chief Legal Officer

Chief Compliance Officer

Trust Manager

Investment Manager

Fund Manager

Legal Counsel

Compliance Manager

Risk Manager

Operations Manager

Company Secretary

Trustee Director

Portfolio Manager

Product Manager

Relationship Manager

Industries
Trusts Act 2019: The primary legislation governing trusts in New Zealand, setting out trustee duties, beneficiary rights, and trust administration requirements
Financial Markets Conduct Act 2013: Regulates financial products and services, particularly relevant if the trust involves managed investment schemes or retirement schemes
Contract and Commercial Law Act 2017: Provides the fundamental legal framework for commercial contracts and agreements in New Zealand
Anti-Money Laundering and Countering Financing of Terrorism Act 2009: Sets out requirements for customer due diligence and compliance obligations for financial arrangements
Income Tax Act 2007: Governs the taxation of trusts and distributions to beneficiaries
Financial Service Providers (Registration and Dispute Resolution) Act 2008: Relevant if the trust provides financial services or products
Fair Trading Act 1986: Ensures fair trading practices and prohibits misleading conduct in trade, including financial services
Property Law Act 2007: Relevant for trusts dealing with real property assets and related transactions
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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