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Trust Fund Agreement

Trust Fund Agreement Template for Australia

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Key Requirements PROMPT example:

Trust Fund Agreement

"I need a Trust Fund Agreement for an education trust to be established by March 2025, with three corporate trustees and specific investment restrictions limiting investments to Australian blue-chip companies and government bonds."

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Document background
The Trust Fund Agreement is a crucial legal instrument used in Australia to establish and govern trust arrangements. This document is essential when parties wish to create a formal trust structure for asset management, whether for family wealth preservation, charitable purposes, investment management, or specific beneficiary protection. The agreement must comply with Australian trust law principles, including the Trustee Act and relevant state legislation, while also addressing tax implications under the Income Tax Assessment Acts. Trust Fund Agreements are commonly used in estate planning, business succession, charitable endeavors, and investment structures, requiring careful consideration of trustee powers, beneficiary rights, and regulatory compliance obligations. The document serves as the founding instrument that governs all aspects of the trust's operation throughout its existence.
Suggested Sections

1. Parties: Identifies the settlor, trustee(s), and any appointed protector or custodian

2. Background: Sets out the context and purpose for establishing the trust fund

3. Definitions: Defines key terms used throughout the agreement

4. Declaration of Trust: Formal establishment of the trust and initial trust property

5. Trust Purpose: Clearly states the purpose and objectives of the trust fund

6. Trustee Powers and Duties: Comprehensive list of trustee powers and responsibilities

7. Trust Administration: Rules for managing the trust, including investment powers and restrictions

8. Beneficiaries: Identification of beneficiaries and their respective interests

9. Distribution Rules: Rules governing how and when trust assets can be distributed

10. Trust Records and Accounts: Requirements for maintaining trust records and preparing accounts

11. Trustee Remuneration: Provisions for trustee fees and expense reimbursement

12. Amendment and Variation: Procedures for modifying trust terms

13. Termination: Circumstances and procedures for trust termination

14. Governing Law and Jurisdiction: Specifies applicable law and dispute resolution procedures

Optional Sections

1. Protector Provisions: Required when a trust protector is appointed to oversee certain trustee actions

2. Investment Committee: Used when establishing a formal committee to guide investment decisions

3. Charitable Purposes: Required for trusts with charitable elements or purposes

4. Foreign Beneficiary Provisions: Required when beneficiaries include non-Australian residents

5. Sub-Trust Provisions: Used when allowing for the creation of sub-trusts

6. Corporate Trustee Provisions: Required when the trustee is a corporate entity

7. Multiple Trustee Provisions: Required when there are multiple trustees

8. Special Powers: Used for specific powers required for unique trust purposes

Suggested Schedules

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

2. Schedule 2 - Beneficiary Details: Full details of named beneficiaries and their entitlements

3. Schedule 3 - Investment Powers: Detailed investment guidelines and restrictions

4. Schedule 4 - Trustee Remuneration Schedule: Detailed fee structure and payment terms

5. Schedule 5 - Appointor Powers: Specific powers of the appointor if applicable

6. Appendix A - Interpretation Rules: Detailed rules for interpreting the trust deed

7. Appendix B - Compliance Requirements: Summary of key regulatory compliance obligations

8. Appendix C - Meeting Procedures: Procedures for trustee meetings and decision-making

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓƵ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

alex.den.21@genieai.co
Relevant legal definitions








































Clauses






























Relevant Industries

Financial Services

Wealth Management

Banking

Charitable Organizations

Family Offices

Professional Services

Investment Management

Estate Planning

Education (for scholarship trusts)

Healthcare (for medical benefit trusts)

Relevant Teams

Legal

Compliance

Wealth Management

Trust Administration

Financial Control

Risk Management

Investment Management

Tax Advisory

Private Client Services

Operations

Relevant Roles

Trust Administrator

Wealth Manager

Financial Advisor

Legal Counsel

Tax Accountant

Trust Officer

Estate Planning Attorney

Compliance Officer

Investment Manager

Fund Manager

Trustee Director

Private Client Advisor

Financial Controller

Risk Manager

Trust Operations Manager

Industries








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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