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Registered Trust Deed

Registered Trust Deed Template for New Zealand

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Key Requirements PROMPT example:

Registered Trust Deed

"I need a Registered Trust Deed for a family trust to be established by March 2025, which will hold multiple residential properties in Auckland and Wellington, with provisions for both my children and grandchildren as beneficiaries, and specific investment restrictions for sustainable and ethical investments only."

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Document background
The Registered Trust Deed is a fundamental legal instrument used in New Zealand for establishing formal trust arrangements that require registration, particularly when dealing with significant assets or complex family arrangements. This document type is essential when creating a trust that needs to be recognized by governmental authorities, financial institutions, and other third parties. The deed must comply with the Trusts Act 2019 and other relevant New Zealand legislation, making it suitable for various purposes including estate planning, asset protection, and business succession. A Registered Trust Deed typically includes comprehensive provisions for trust administration, asset management, beneficiary rights, and trustee obligations, while also incorporating specific requirements for registration under New Zealand law.
Suggested Sections

1. Parties: Identifies the Settlor(s) and initial Trustee(s) with their full legal names and addresses

2. Background: Sets out the context for establishing the trust and the Settlor's intention to create the trust

3. Definitions and Interpretation: Defines key terms used throughout the deed and establishes interpretation rules

4. Declaration of Trust: Formal establishment of the trust, including the trust name and declaration of trust property

5. Trust Purpose: Clearly states the purpose(s) of the trust and its objectives

6. Beneficiaries: Defines and identifies the primary and discretionary beneficiaries

7. Powers of Trustees: Comprehensive list of powers granted to trustees in managing trust assets

8. Trustee Duties and Obligations: Sets out mandatory and default duties as per the Trusts Act 2019

9. Trust Administration: Details day-to-day management procedures and decision-making processes

10. Income and Capital Distribution: Rules governing how trust income and capital can be distributed

11. Appointment and Removal of Trustees: Procedures for appointing new trustees and removing existing ones

12. Variation and Termination: Provisions for amending the trust deed and circumstances for trust termination

13. Governing Law: Confirms New Zealand law governs the trust deed and its interpretation

Optional Sections

1. Protector Provisions: Include when the trust requires additional oversight through a protector role

2. Business Operation Provisions: Required when the trust will operate or hold business assets

3. Foreign Assets Provisions: Include when the trust holds or may hold overseas assets

4. Charitable Purposes: Required for trusts with charitable components or purposes

5. Investment Guidelines: Detailed investment parameters when the trust has significant investment activities

6. Family Court Proceedings: Provisions relating to relationship property claims when family assets are involved

7. Alternative Dispute Resolution: Include when parties want to specify mediation or arbitration procedures

8. Digital Assets: Include when the trust holds or may hold digital assets or cryptocurrencies

Suggested Schedules

1. Schedule 1 - Initial Trust Property: Details of assets initially settled on the trust

2. Schedule 2 - Beneficiaries: Full list of named beneficiaries and their details

3. Schedule 3 - Trustee Remuneration: Details of any trustee fees or compensation arrangements

4. Schedule 4 - Trustee Powers: Detailed list of specific investment and management powers

5. Schedule 5 - Meeting Procedures: Procedures for trustee meetings and decision-making

6. Appendix A - Trustee Statutory Declaration: Required declarations by initial trustees

7. Appendix B - Execution Requirements: Requirements for proper execution of trust documents

8. Appendix C - Conflict Resolution Procedures: Detailed procedures for resolving disputes

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
Adult
Appointer
Assets
Authorised Investments
Balance Date
Beneficiary
Capital
Charitable Purpose
Deed
Discretionary Beneficiary
Distribution
Final Distribution Date
Financial Statements
Financial Year
Income
Initial Property
Investment
Law
Liabilities
Major Decision
Minor
Net Income
Original Trustee
Perpetuity Period
Primary Beneficiary
Principal Document
Protector
Register
Related Party
Resolution
Settlor
Successor Trustee
Trust
Trust Fund
Trust Period
Trust Property
Trustee
Trustees' Act
Variation
Vesting Date
Working Day
Clauses
Establishment of Trust
Declaration of Trust
Trust Property
Trustee Appointment
Trustee Removal
Trustee Powers
Trustee Duties
Beneficiary Rights
Income Distribution
Capital Distribution
Investment Powers
Asset Management
Trust Administration
Decision Making
Meetings and Resolutions
Record Keeping
Financial Reporting
Variation of Trust
Termination of Trust
Perpetuity Period
Governing Law
Dispute Resolution
Indemnification
Protector Provisions
Delegation Powers
Conflict of Interest
Remuneration
Liability Limitations
Execution Requirements
Registration
Relevant Industries

Financial Services

Real Estate

Wealth Management

Private Banking

Legal Services

Family Business

Agriculture

Property Investment

Professional Services

Estate Planning

Charitable Organizations

Relevant Teams

Legal

Wealth Management

Trust Administration

Estate Planning

Compliance

Tax Advisory

Private Client Services

Corporate Secretarial

Risk Management

Asset Management

Relevant Roles

Trust Lawyer

Estate Planning Attorney

Wealth Manager

Financial Advisor

Trust Administrator

Property Manager

Tax Accountant

Trust Officer

Compliance Officer

Legal Counsel

Company Secretary

Private Client Advisor

Family Office Manager

Asset Manager

Trust Relationship Manager

Industries
Trusts Act 2019: The primary legislation governing trusts in New Zealand, covering trustee duties, powers, appointments, removals, and beneficiary rights
Tax Administration Act 1994: Covers the administrative aspects of trust taxation and reporting requirements to the Inland Revenue Department
Income Tax Act 2007: Governs how trust income is taxed and the tax obligations of trustees and beneficiaries
Property Law Act 2007: Relevant for trusts holding real property and affecting property transactions
Land Transfer Act 2017: Governs the registration of trust deeds and property transactions involving trust property
Anti-Money Laundering and Countering Financing of Terrorism Act 2009: Applies to trust formation and operation to prevent money laundering and ensure proper verification of parties involved
Financial Markets Conduct Act 2013: Relevant if the trust involves any financial products or investment activities
Contract and Commercial Law Act 2017: Provides the general framework for contractual relationships and commercial arrangements that may affect trust operations
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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