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Investment Trust Agreement for Philippines

Investment Trust Agreement Template for Philippines

A comprehensive legal agreement governed by Philippine law that establishes and regulates the relationship between a trustee and a settlor/investor for the purpose of managing investment assets. This document outlines the terms and conditions under which the trustee will manage and invest assets on behalf of the beneficiaries, including investment objectives, risk parameters, reporting requirements, and fee structures. It incorporates compliance with Philippine trust laws, securities regulations, and relevant BSP circulars while providing mechanisms for investment management, risk control, and trust administration.

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What is a Investment Trust Agreement?

The Investment Trust Agreement is a crucial document used in the Philippine financial services sector when establishing a formal trust arrangement for investment purposes. It serves as the foundational document that governs the relationship between a licensed trustee institution and an investor (settlor) who wishes to have their assets professionally managed. This agreement is particularly relevant in scenarios requiring sophisticated investment management, wealth preservation, or estate planning. The document must comply with Philippine trust laws, including Republic Act No. 8799 (Securities Regulation Code), BSP regulations, and relevant SEC guidelines. It typically includes detailed provisions on investment strategies, risk management, reporting requirements, trustee powers and duties, fee structures, and termination procedures. The agreement is designed to protect all parties' interests while ensuring transparent and efficient investment management within the Philippine regulatory framework.

What sections should be included in a Investment Trust Agreement?

1. Parties: Identification of the Settlor/Investor, the Trustee, and any other relevant parties

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

3. Definitions: Detailed definitions of terms used throughout the agreement

4. Establishment of Trust: Creation of the trust, initial trust property, and declaration of trust

5. Investment Objectives and Policy: Detailed investment guidelines, restrictions, and objectives

6. Powers and Duties of Trustee: Comprehensive list of trustee's authorities and responsibilities

7. Rights and Obligations of Settlor: Settlor's continuing rights and responsibilities

8. Trust Administration: Day-to-day management procedures and administrative matters

9. Fees and Expenses: Trustee's compensation and other costs associated with trust administration

10. Risk Disclosure: Detailed disclosure of investment and market risks

11. Reporting and Valuations: Requirements for periodic reporting and valuation methods

12. Amendment and Termination: Procedures for modifying or terminating the trust

13. Governing Law and Jurisdiction: Application of Philippine law and dispute resolution procedures

What sections are optional to include in a Investment Trust Agreement?

1. Multiple Beneficiaries: Section required when trust has multiple beneficiaries, detailing distribution rights and procedures

2. Foreign Investment Provisions: Required when trust includes overseas investments, addressing foreign exchange and cross-border regulations

3. Voting Rights: Required when trust includes voting securities, detailing how voting rights are exercised

4. Sub-Trustee Arrangements: Required when portions of the trust may be delegated to sub-trustees

5. Environmental, Social and Governance (ESG) Guidelines: Required when specific ESG investment criteria are to be followed

6. Digital Asset Provisions: Required when trust includes cryptocurrency or digital assets

7. Tax Optimization Structures: Optional section for specific tax planning arrangements within legal bounds

What schedules should be included in a Investment Trust Agreement?

1. Schedule A - Initial Trust Property: Detailed inventory of initial assets placed in trust

2. Schedule B - Investment Guidelines: Specific investment criteria, limits, and prohibited investments

3. Schedule C - Fee Structure: Detailed breakdown of all fees, charges, and computation methods

4. Schedule D - Authorized Signatories: List of authorized persons who can give instructions to the trustee

5. Schedule E - Reporting Templates: Standard formats for periodic reports and valuations

6. Appendix 1 - KYC Documentation: Required know-your-client and anti-money laundering documentation

7. Appendix 2 - Risk Disclosure Statement: Detailed risk warnings and acknowledgments

8. Appendix 3 - Investment Policy Statement: Comprehensive investment strategy and policy document

Authors

Alex Denne

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

Jurisdiction

Philippines

Publisher

Ƶ

Cost

Free to use
Relevant legal definitions













































Clauses






























Relevant Industries

Banking and Financial Services

Investment Management

Wealth Management

Trust Services

Legal Services

Financial Technology

Asset Management

Private Banking

Corporate Services

Family Office Services

Relevant Teams

Legal

Compliance

Investment Management

Trust Administration

Risk Management

Wealth Management

Portfolio Management

Client Services

Financial Control

Operations

Relevant Roles

Trust Officer

Investment Manager

Compliance Officer

Legal Counsel

Wealth Manager

Portfolio Manager

Risk Manager

Trust Administrator

Investment Advisor

Financial Controller

Chief Investment Officer

Chief Financial Officer

Private Banking Manager

Estate Planning Advisor

Relationship 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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