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Investment Trust Agreement

Investment Trust Agreement Template for Switzerland

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Key Requirements PROMPT example:

Investment Trust Agreement

"I need an Investment Trust Agreement under Swiss law for a family office structure, focusing on sustainable investments and including specific ESG criteria, with provisions for multiple generations of beneficiaries and quarterly distribution requirements."

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Document background
The Investment Trust Agreement serves as the foundational document for establishing and operating an investment trust structure in Switzerland. While Switzerland doesn't have domestic trust law, it recognizes trusts through its ratification of the Hague Convention on Trusts and provides a sophisticated regulatory framework for trust administration and investment management. This agreement is typically used when parties seek to create a structured investment vehicle for wealth management, family office operations, or institutional investment purposes. It encompasses detailed provisions for investment powers, trustee duties, beneficiary rights, and regulatory compliance, particularly addressing Swiss financial regulations, anti-money laundering requirements, and tax considerations. The document is essential for high-net-worth individuals, financial institutions, and professional trustees operating in or through Switzerland's well-established financial center.
Suggested Sections

1. Parties: Identification of the settlor, trustee(s), and any protector or enforcer

2. Background: Context of the trust creation and its primary purposes

3. Definitions: Definitions of key terms used throughout the agreement

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

5. Trust Purpose and Duration: Specific objectives of the trust and its intended duration

6. Beneficiaries: Designation of beneficiaries and their respective interests

7. Powers and Duties of Trustee: Comprehensive outline of trustee's authority and responsibilities

8. Investment Powers and Restrictions: Parameters for investment decisions and any restrictions

9. Risk Disclosure: Acknowledgment of investment risks and limitations of trustee liability

10. Distribution Provisions: Rules governing distributions to beneficiaries

11. Trust Administration: Procedures for day-to-day management and decision-making

12. Fees and Expenses: Structure of trustee compensation and payment of trust expenses

13. Accounting and Reporting: Requirements for financial reporting and accountancy

14. Amendment and Revocation: Procedures for modifying or terminating the trust

15. Governing Law and Jurisdiction: Confirmation of Swiss law application and jurisdiction

16. General Provisions: Miscellaneous legal provisions including severability and notices

Optional Sections

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

2. Environmental, Social and Governance (ESG) Investment Criteria: Include when specific ESG investment requirements are needed

3. Co-Trustee Provisions: Required when multiple trustees are appointed

4. Foreign Asset Provisions: Include when trust will hold non-Swiss assets requiring special treatment

5. Special Investment Powers: Required for specialized investment strategies or asset classes

6. Tax Elections and Provisions: Include specific tax planning provisions where relevant

7. Digital Asset Provisions: Required when trust includes cryptocurrency or other digital assets

8. Forced Heirship Provisions: Include when relevant to protect against forced heirship claims

Suggested Schedules

1. Schedule 1: Initial Trust Assets: Detailed inventory of assets initially settled into the trust

2. Schedule 2: Investment Policy Statement: Detailed investment guidelines, objectives, and constraints

3. Schedule 3: Fee Schedule: Detailed breakdown of trustee and administrative fees

4. Schedule 4: Beneficiary Information: Complete details of beneficiaries and their respective interests

5. Schedule 5: Authorized Investment Classes: List of permitted investment types and asset classes

6. Schedule 6: Distribution Policy: Detailed rules and procedures for making distributions

7. Appendix A: KYC Documentation Requirements: Required documentation for compliance with Swiss regulations

8. Appendix B: Risk Disclosure Statement: Detailed disclosure of investment and other risks

9. Appendix C: Administrative Procedures: Detailed operational procedures for trust administration

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


















































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Relevant Industries

Private Banking

Wealth Management

Investment Management

Financial Services

Trust Services

Family Office Services

Asset Management

Private Equity

Real Estate Investment

Insurance

Relevant Teams

Legal

Compliance

Wealth Management

Investment Management

Trust Administration

Risk Management

Client Relations

Tax Advisory

Portfolio Management

Operations

Financial Planning

Asset Management

Relevant Roles

Trust Officer

Wealth Manager

Investment Manager

Legal Counsel

Compliance Officer

Private Banker

Financial Advisor

Portfolio Manager

Risk Manager

Trust Administrator

Asset Manager

Family Office Director

Investment Consultant

Tax Advisor

Relationship 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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