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Blind Trust Agreement

Blind Trust Agreement Template for New Zealand

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Key Requirements PROMPT example:

Blind Trust Agreement

"I need a Blind Trust Agreement under New Zealand law for a newly appointed Member of Parliament who needs to transfer their business holdings and investment portfolio into a blind trust by March 2025, with specific provisions for parliamentary compliance and regular income distributions."

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Document background
The Blind Trust Agreement serves as a crucial legal instrument in New Zealand for individuals who need to maintain ownership of their assets while avoiding potential conflicts of interest. This document is particularly relevant for public officials, politicians, business leaders, and regulators who must demonstrate independence from their investment decisions. The agreement, structured under New Zealand's Trusts Act 2019 and related legislation, establishes a trust where an independent trustee manages the settlor's assets with complete discretion, while the settlor remains deliberately uninformed about specific investment decisions. The document includes detailed provisions for trust establishment, asset transfer, trustee powers and duties, confidentiality requirements, reporting restrictions, and compliance measures. It's commonly used when individuals assume positions where their personal investments could create actual or perceived conflicts of interest with their professional responsibilities.
Suggested Sections

1. Parties: Identifies the settlor, the trustee(s), and any protector of the trust

2. Background: Sets out the context for establishing the blind trust and the settlor's intention to create separation from their assets

3. Definitions: Defines key terms used throughout the agreement, including specific definitions related to blind trust arrangements

4. Establishment of Trust: Formally creates the trust and sets out its name and commencement date

5. Trust Purpose: Clearly states the purpose of the blind trust and its intended operation

6. Powers and Duties of Trustee: Comprehensive outline of trustee's powers to manage assets and their duty to maintain confidentiality

7. Independence Requirements: Details the strict separation between settlor and trust management, including communication restrictions

8. Asset Management: Guidelines for how trust assets should be managed and invested

9. Income Distribution: Rules governing how income from the trust should be distributed

10. Reporting Requirements: Specifies what information can be provided to the settlor without compromising the blind nature of the trust

11. Duration and Termination: Specifies the trust period and circumstances under which the trust may be terminated

12. Trustee Remuneration: Sets out the basis for trustee compensation

13. General Provisions: Standard clauses including governing law, dispute resolution, and amendment procedures

Optional Sections

1. Political Office Provisions: Additional provisions required when the settlor holds or may hold political office

2. Conflict of Interest Provisions: Specific provisions for managing potential conflicts of interest, particularly relevant for public officials

3. Successor Trustee Provisions: Detailed procedures for appointing successor trustees if not covered in general provisions

4. Emergency Access Provisions: Provisions allowing limited access to information in specific emergency situations

5. Foreign Asset Provisions: Special provisions for handling international assets if the trust includes offshore investments

6. Corporate Ownership Provisions: Specific provisions for managing corporate interests and voting rights

7. Family Business Provisions: Special provisions when family business interests are included in the trust assets

Suggested Schedules

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

2. Schedule 2: Approved Forms of Investment: List of permitted investment types and any investment restrictions

3. Schedule 3: Trustee Remuneration Schedule: Detailed breakdown of trustee fees and payment terms

4. Schedule 4: Reporting Template: Standard format for permitted communications and reports to the settlor

5. Schedule 5: Delegation of Powers: Forms and procedures for delegating trustee powers where permitted

6. Appendix A: Compliance Checklist: Checklist ensuring compliance with relevant legislation and regulations

7. Appendix B: Communication Protocols: Detailed protocols for all permitted communications between parties

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







































Clauses






























Relevant Industries

Government & Public Sector

Financial Services

Legal Services

Investment Management

Professional Services

Corporate Governance

Public Administration

Regulatory Compliance

Asset Management

Trust Services

Relevant Teams

Legal

Compliance

Corporate Governance

Risk Management

Trust Administration

Asset Management

Investment

Advisory Services

Corporate Secretariat

Regulatory Affairs

Relevant Roles

Member of Parliament

Government Minister

Public Official

Corporate Executive

Board Director

Regulatory Officer

Trust Manager

Compliance Officer

Legal Counsel

Financial Advisor

Trust Administrator

Asset Manager

Investment Manager

Senior Civil Servant

Judge

Commissioner

Department Head

Executive Director

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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