The Investment Trust Contract serves as the foundational document for establishing and operating investment trusts within the Canadian legal framework. This document is essential when creating a structure for professional management of pooled investments or family wealth, requiring careful consideration of both federal and provincial requirements. It is typically used when establishing new investment vehicles, reorganizing existing trust structures, or creating specialized investment platforms. The contract comprehensively addresses trust formation, governance, investment parameters, distribution policies, and regulatory compliance. Key considerations include adherence to provincial securities regulations, federal tax laws, and trust legislation. The document's scope encompasses initial trust setup, ongoing administration, investment management guidelines, and eventual succession or termination provisions.
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1. Parties: Identification of the settlor, trustee(s), and beneficiaries of the trust
2. Background: Context of the trust creation and its primary purpose
3. Definitions: Detailed definitions of terms used throughout the agreement
4. Declaration of Trust: Formal establishment of the trust and transfer of initial assets
5. Trust Purpose and Objectives: Clear statement of investment objectives, strategy, and restrictions
6. Powers and Duties of Trustees: Comprehensive outline of trustee authority, responsibilities, and limitations
7. Investment Guidelines: Specific parameters for acceptable investments and asset allocation
8. Trust Administration: Procedures for day-to-day management and decision-making
9. Distribution Policy: Rules governing distributions to beneficiaries
10. Fees and Expenses: Structure of management fees, operating expenses, and other costs
11. Reporting and Accountability: Requirements for financial reporting, audits, and communication with beneficiaries
12. Amendment and Termination: Procedures for modifying trust terms and conditions for trust termination
13. Governing Law and Jurisdiction: Specification of applicable law and jurisdiction for dispute resolution
1. Environmental, Social and Governance (ESG) Criteria: Specific provisions for ESG-focused investment strategies and requirements
2. Foreign Investment Provisions: Additional terms for trusts investing in foreign markets
3. Tax Planning Provisions: Specific structures to optimize tax efficiency for beneficiaries
4. Multiple Trustee Provisions: Governance structure for trusts with multiple trustees
5. Sub-Trust Provisions: Terms for creating and managing sub-trusts within the main trust
6. Insurance Requirements: Specific insurance obligations for trust assets or trustees
7. Conflict Resolution Procedures: Detailed procedures for resolving disputes between parties
8. Privacy and Confidentiality: Additional terms for handling sensitive information
1. Schedule A - Initial Trust Property: Detailed list and description of initial assets transferred to the trust
2. Schedule B - Investment Guidelines: Detailed investment parameters, restrictions, and permitted asset classes
3. Schedule C - Fee Schedule: Comprehensive breakdown of all fees, expenses, and compensation structures
4. Schedule D - Valuation Methodology: Detailed procedures for valuing trust assets
5. Schedule E - Distribution Rules: Specific formulas and timing for calculating and making distributions
6. Schedule F - Reporting Requirements: Templates and specifications for required reports
7. Appendix 1 - KYC Documentation: Required know-your-client and anti-money laundering documentation
8. Appendix 2 - Risk Disclosure: Detailed disclosure of investment risks and considerations
Relevant legal definitions
Clauses
Relevant Industries
Financial Services
Investment Management
Banking
Wealth Management
Asset Management
Private Equity
Real Estate Investment
Insurance
Pension Funds
Family Office Services
Relevant Teams
Legal
Compliance
Investment Management
Trust Administration
Risk Management
Tax Advisory
Wealth Management
Operations
Finance
Client Services
Relevant Roles
Trust Officer
Investment Manager
Portfolio Manager
Chief Investment Officer
Compliance Officer
Legal Counsel
Tax Advisor
Trust Administrator
Risk Manager
Wealth Manager
Financial Advisor
Fund Manager
Trust Account Manager
Operations Director
Chief Financial Officer
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