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Commission Trust Agreement Template for Malaysia

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Key Requirements PROMPT example:

Commission Trust Agreement

"I need a Commission Trust Agreement for managing a Malaysian real estate investment portfolio worth RM 5 million, with a 2% quarterly commission structure for the property management agent, to commence from March 1, 2025."

Document background
The Commission Trust Agreement is utilized in situations where trust arrangements need to incorporate commission-based payment structures within the Malaysian legal framework. This document is essential when establishing trust relationships that involve regular commission payments to agents or intermediaries who facilitate trust operations or bring in business. The agreement must comply with Malaysian trust law, particularly the Trustees Act 1949, while incorporating elements of commercial arrangements. It is commonly used in wealth management, real estate investments, and financial services where trust structures require commission-based incentives. The document includes detailed provisions for trust administration, commission calculations, payment mechanisms, compliance requirements, and reporting obligations, making it suitable for both simple and complex trust arrangements involving commission elements.
Suggested Sections

1. Parties: Identification of all parties involved - the settlor, trustee, beneficiaries, and commission agent

2. Background: Context of the agreement and relationship between parties

3. Definitions and Interpretation: Definitions of key terms and interpretation rules

4. Appointment of Trustee: Formal appointment and acceptance of the trustee role

5. Trust Property: Description and details of the property or assets held in trust

6. Commission Structure: Details of commission rates, calculation methods, and payment terms

7. Duties and Powers of Trustee: Comprehensive list of trustee responsibilities and authorized powers

8. Rights and Obligations of Settlor: Outline of the settlor's ongoing rights and obligations

9. Commission Payment Terms: Specific procedures for commission calculation, timing, and payment

10. Reporting and Accounting: Requirements for financial reporting, accounting, and auditing

11. Confidentiality: Confidentiality obligations of all parties

12. Term and Termination: Duration of the agreement and termination provisions

13. Governing Law and Jurisdiction: Specification of Malaysian law as governing law and jurisdiction

Optional Sections

1. Anti-Money Laundering Compliance: Required when dealing with significant financial transactions or international parties

2. Tax Provisions: Detailed tax handling procedures when complex tax implications exist

3. Force Majeure: Include when protection against unforeseen circumstances is necessary

4. Dispute Resolution: Detailed dispute resolution procedures for complex arrangements

5. Assignment and Delegation: Include when transfer of rights or delegation of duties might be necessary

6. Insurance Requirements: Include when specific insurance coverage is required for trust property

7. Sub-trust Provisions: Required when the arrangement involves sub-trusts

Suggested Schedules

1. Schedule 1 - Trust Property Details: Detailed inventory and description of all trust property

2. Schedule 2 - Commission Calculation Formula: Detailed methodology for calculating commissions

3. Schedule 3 - Reporting Templates: Standard formats for required financial and operational reports

4. Schedule 4 - Authorized Signatories: List of authorized signatories and their powers

5. Schedule 5 - Fee Schedule: Detailed breakdown of all fees and charges

6. Appendix A - KYC Requirements: Required documentation for Know Your Customer compliance

7. Appendix B - Operating Procedures: Detailed procedures for day-to-day trust administration

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

Relevant legal definitions






























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Relevant Industries

Financial Services

Real Estate

Investment Management

Wealth Management

Banking

Insurance

Asset Management

Professional Services

Family Office Services

Relevant Teams

Legal

Compliance

Trust Administration

Wealth Management

Financial Operations

Risk Management

Investment Operations

Client Services

Corporate Services

Relevant Roles

Trust Manager

Wealth Manager

Financial Advisor

Legal Counsel

Compliance Officer

Trust Administrator

Investment Manager

Risk Manager

Corporate Trustee

Finance Director

Commission Agent

Portfolio Manager

Trust Operations 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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