The Investment Trust Agreement serves as a fundamental legal instrument in Indonesian investment management, establishing the framework for professional asset management and wealth preservation. This document is essential when parties wish to create a trust structure for investment purposes, requiring careful consideration of Indonesian trust laws, investment regulations, and OJK requirements. The agreement becomes necessary when investors seek to separate legal and beneficial ownership of assets, establish professional management of investments, or create structured wealth preservation mechanisms. It comprehensively addresses crucial elements including trust property designation, investment parameters, trustee powers, beneficiary rights, and regulatory compliance requirements. The document is particularly relevant in Indonesia's growing investment landscape, where increasing sophistication in financial services demands robust legal frameworks for trust arrangements.
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1. Parties: Identification of the Trustee, Settlor, and Beneficiaries with their complete legal details
2. Background: Context of the trust establishment, purpose, and general investment objectives
3. Definitions: Comprehensive definitions of terms used throughout the agreement
4. Appointment of Trustee: Formal appointment and acceptance of the trustee role, including trustee qualifications and licenses
5. Trust Property: Details of initial trust property and provisions for additional contributions
6. Investment Powers and Restrictions: Scope of trustee's investment authority and any limitations under Indonesian law
7. Investment Objectives and Strategy: Detailed investment goals, risk parameters, and permitted investment classes
8. Rights and Obligations of Trustee: Comprehensive listing of trustee duties, powers, and responsibilities
9. Rights and Obligations of Settlor: Settlor's ongoing rights and responsibilities regarding the trust
10. Beneficiary Rights: Rights of beneficiaries, including distribution policies and information rights
11. Fees and Expenses: Trustee compensation, investment expenses, and payment procedures
12. Reporting and Accounting: Requirements for financial reporting, auditing, and account maintenance
13. Risk Disclosure: Mandatory risk warnings and acknowledgments as per OJK requirements
14. Term and Termination: Duration of the trust and circumstances for termination
15. Governing Law and Dispute Resolution: Confirmation of Indonesian law governance and dispute resolution procedures
1. Special Investment Provisions: Used when specific investment classes or strategies require detailed treatment
2. Foreign Investment Provisions: Required when trust includes foreign investments or cross-border elements
3. Shariah Compliance: Include when the trust must operate according to Islamic finance principles
4. Digital Asset Provisions: Required when trust includes cryptocurrency or digital assets
5. Environmental, Social and Governance (ESG) Guidelines: Include when specific ESG investment criteria are required
6. Multi-Currency Provisions: Used when investments involve multiple currencies
7. Change of Trustee Provisions: Detailed procedures for trustee replacement when required
8. Force Majeure: Specific provisions for handling unforeseen circumstances or market disruptions
1. Schedule 1: Initial Trust Property: Detailed inventory of initial assets placed in trust
2. Schedule 2: Investment Guidelines: Specific investment parameters, restrictions, and allocation limits
3. Schedule 3: Fee Schedule: Detailed breakdown of all fees, charges, and payment terms
4. Schedule 4: Authorized Signatories: List of authorized persons who can give instructions to the trustee
5. Schedule 5: Distribution Policy: Detailed rules for income and capital distributions
6. Appendix A: KYC Documentation: Required know-your-customer and anti-money laundering documentation
7. Appendix B: Risk Disclosure Statement: Detailed risk warnings as required by Indonesian regulations
8. Appendix C: Investment Policy Statement: Comprehensive investment strategy and objectives document
9. Appendix D: Reporting Templates: Standard formats for periodic reports and statements
Relevant legal definitions
Clauses
Relevant Industries
Financial Services
Banking
Asset Management
Investment Management
Wealth Management
Trust Services
Private Banking
Corporate Finance
Real Estate Investment
Securities and Capital Markets
Relevant Teams
Legal
Compliance
Wealth Management
Investment Management
Trust Administration
Risk Management
Portfolio Management
Client Services
Operations
Regulatory Affairs
Asset Management
Private Banking
Relevant Roles
Trust Officer
Investment Manager
Legal Counsel
Compliance Officer
Wealth Manager
Portfolio Manager
Risk Manager
Financial Advisor
Trust Administrator
Asset Manager
Fund Manager
Private Banking Manager
Chief Investment Officer
Trust Operations Manager
Regulatory Affairs Officer
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