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Blind Trust Agreement Template for England and Wales

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Key Requirements PROMPT example:

Blind Trust Agreement

"I need a Blind Trust Agreement for my appointment as a senior civil servant, transferring my investment portfolio of technology stocks to independent trustees by March 2025, with strict communication barriers and quarterly reporting requirements."

Document background
The Blind Trust Agreement is a specialized trust instrument used when individuals need to create a clear separation between themselves and their financial interests. This document, governed by England and Wales law, is particularly crucial for public officials, corporate executives, and others who must demonstrate independence from their investment decisions. The agreement details the complete transfer of control to independent trustees, establishes strict communication protocols, and ensures compliance with relevant legislation including the Trustee Act 2000 and Financial Services and Markets Act 2000. It typically includes comprehensive provisions for asset management, investment guidelines, and conflict prevention measures.
Suggested Sections

1. Parties: Identification of settlor, trustees, and beneficiaries

2. Background: Context for trust creation and purpose of blind trust arrangement

3. Definitions: Key terms used throughout the agreement

4. Trust Property: Description of assets placed in trust

5. Trustee Powers and Duties: Detailed powers and responsibilities of trustees

6. Investment Guidelines: Parameters for investment decisions

7. Communication Restrictions: Rules preventing settlor involvement in trust management

8. Duration and Termination: Trust period and termination conditions

Optional Sections

1. Successor Trustees: Provisions for appointment of replacement trustees when long-term continuation is anticipated

2. Political Compliance: Additional restrictions and compliance requirements when settlor holds or seeks public office

3. Tax Provisions: Specific tax planning arrangements when particular tax treatment is desired

Suggested Schedules

1. Schedule 1: Initial Trust Assets: Detailed inventory of assets transferred to trust

2. Schedule 2: Investment Policy Statement: Detailed investment guidelines and restrictions

3. Schedule 3: Trustee Compensation: Fee structure and payment terms for trustees

4. Appendix A: Communication Protocols: Detailed procedures for permissible communications

Authors

Alex Denne

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

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Relevant Industries
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Industries

Trustee Act 2000: Primary legislation governing trustees' general powers and duties, investment powers, delegation authority, and establishing the standard of care required from trustees

Trustee Act 1925: Fundamental trust law legislation covering basic trust law principles, administrative powers of trustees, and procedures for appointment and retirement of trustees

Financial Services and Markets Act 2000: Establishes regulatory framework for financial services, requirements for regulated activities, and trustee obligations regarding financial investments

FCA Regulations: Regulatory requirements covering investment management rules, client asset protection requirements, and regulatory reporting obligations

Money Laundering Regulations 2017: Anti-money laundering framework including due diligence requirements, record-keeping obligations, and procedures for reporting suspicious activities

Income Tax Act 2007: Tax legislation governing income tax implications for trust arrangements and distributions

Capital Gains Tax Act 1992: Legislative framework for capital gains tax treatment of trust assets and disposals

Inheritance Tax Act 1984: Legislation governing inheritance tax implications for trust arrangements and transfers

Common Law Principles: Established legal principles covering fiduciary duties, conflict of interest rules, and duty of confidentiality in trust relationships

Bribery Act 2010: Anti-corruption legislation particularly relevant for political blind trusts, covering disclosure requirements and anti-corruption measures

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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