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Trust Management Agreement Template for England and Wales

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Key Requirements PROMPT example:

Trust Management Agreement

"I need a Trust Management Agreement for a charitable foundation with assets of £50 million, appointing ABC Investment Management Ltd as the manager from March 2025, with specific ESG investment restrictions and quarterly reporting requirements."

Document background
A Trust Management Agreement is essential when trustees seek to delegate the day-to-day management of trust assets to professional managers. This document, governed by English and Welsh law, establishes the legal framework for such delegation, ensuring compliance with the Trustee Act 2000 and related legislation. It details investment parameters, reporting requirements, fee structures, and risk management protocols, while maintaining appropriate oversight and control mechanisms. The agreement is particularly relevant for complex trusts, charitable foundations, and pension arrangements where professional management is required.
Suggested Sections

1. Parties: Identification and details of the trustee(s), manager(s), and any other relevant parties

2. Background: Context of the trust arrangement and purpose of the agreement

3. Definitions: Key terms used throughout the agreement

4. Appointment and Authority: Formal appointment of manager and scope of authority

5. Duties and Responsibilities: Detailed obligations of the manager

6. Investment Powers and Restrictions: Parameters for investment activities

7. Fees and Expenses: Compensation structure and recoverable costs

8. Reporting Requirements: Regular reporting obligations and requirements

9. Term and Termination: Duration and circumstances for ending the agreement

Optional Sections

1. Delegation: Terms for delegation of management duties to sub-managers or other third parties

2. ESG Requirements: Environmental, social and governance investment criteria and related obligations

3. Special Investment Restrictions: Additional investment limitations for specific types of trusts (e.g., charitable)

Suggested Schedules

1. Schedule 1 - Trust Assets: Initial assets under management

2. Schedule 2 - Investment Guidelines: Detailed investment parameters and restrictions

3. Schedule 3 - Fee Schedule: Detailed breakdown of fees and charges

4. Schedule 4 - Reporting Requirements: Format and frequency of required reports

5. Appendix A - Authorized Signatories: List of persons authorized to give instructions

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
Relevant Teams
Relevant Roles
Industries

Trustee Act 1925: Primary legislation defining trustee powers and duties, investment powers, and procedures for appointment and retirement of trustees

Trustee Act 2000: Modern legislation establishing statutory duty of care, detailed investment powers and duties, delegation provisions, and trustee remuneration guidelines

Financial Services and Markets Act 2000: Establishes regulatory framework for financial services, requirements for authorized persons, and investment management regulations

Pensions Act 1995 and 2004: Relevant when dealing with pension trusts, establishing specific requirements for pension trust management

Charities Act 2011: Applicable for charitable trusts, providing specific regulations for charitable trust management

Money Laundering Regulations 2017: Requirements for preventing and detecting money laundering in trust operations

Data Protection Act 2018 and UK GDPR: Regulations governing the handling and protection of personal data in trust management

Common Law Fiduciary Duties: Established legal principles requiring trustees to act in good faith and in the best interests of beneficiaries

Prudent Person Principle: Common law principle requiring trustees to act with reasonable care and skill in managing trust assets

FCA Regulations: Financial Conduct Authority rules and guidelines applicable to trust management services

Trust Registration Service Requirements: Obligations for registering and maintaining trust information with HMRC's Trust Registration Service

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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