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Trust Management Agreement

Trust Management Agreement Template for South Africa

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Key Requirements PROMPT example:

Trust Management Agreement

"I need a Trust Management Agreement for a South African family trust, commencing March 1, 2025, with specific provisions for ethical investment restrictions and enhanced reporting requirements for elderly beneficiaries."

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Document background
The Trust Management Agreement is a crucial document used when trustees seek to delegate the day-to-day management and administration of trust assets to a professional management company in South Africa. This agreement becomes necessary when trusts require professional management due to complexity, size, or the need for specialized expertise. The document must comply with the Trust Property Control Act 57 of 1988 and related South African legislation, including FAIS Act requirements for financial services providers. It typically includes comprehensive details about service scope, fee structures, reporting requirements, investment guidelines, and risk management protocols. The agreement is particularly important for ensuring clear accountability, protecting beneficiary interests, and establishing professional standards for trust administration.
Suggested Sections

1. Parties: Identification of the Trust, Trustees, and the Management Company

2. Background: Context of the agreement, including brief description of the trust and purpose of engaging management services

3. Definitions and Interpretation: Definitions of key terms and interpretation rules for the agreement

4. Appointment and Duration: Formal appointment of the management company and term of the agreement

5. Scope of Services: Detailed outline of management services to be provided

6. Powers and Duties of the Manager: Specific powers granted to the management company and their fiduciary duties

7. Trustees' Obligations: Responsibilities and obligations of the trustees in relation to the management arrangement

8. Fees and Expenses: Management fees, payment terms, and reimbursable expenses

9. Reporting and Administration: Requirements for financial reporting, record-keeping, and administrative duties

10. Compliance and Risk Management: Obligations regarding regulatory compliance and risk management procedures

11. Confidentiality: Provisions for handling confidential information and trust details

12. Liability and Indemnification: Limitation of liability and indemnification provisions

13. Termination: Grounds and procedures for termination of the agreement

14. General Provisions: Standard contractual clauses including notices, amendments, governing law, etc.

Optional Sections

1. Investment Guidelines: Include when specific investment parameters or restrictions need to be established

2. Delegation of Authority: Include when the manager may need to delegate certain functions to third parties

3. Performance Metrics: Include when specific performance targets or benchmarks are required

4. Conflict Resolution: Include when specific dispute resolution procedures beyond standard arbitration are needed

5. Special Instructions: Include when there are unique requirements for handling specific trust assets or beneficiary needs

6. Digital Services and Cybersecurity: Include when online access or digital services are part of the management offering

7. Foreign Asset Management: Include when trust includes offshore assets requiring special management

Suggested Schedules

1. Schedule A - Fee Structure: Detailed breakdown of management fees, performance fees, and other charges

2. Schedule B - Scope of Services: Comprehensive list of specific services to be provided by the manager

3. Schedule C - Reporting Requirements: Detailed reporting formats, frequencies, and requirements

4. Schedule D - Trust Assets: Initial schedule of trust assets under management

5. Schedule E - Authorized Representatives: List of authorized signatories and their powers

6. Appendix 1 - Compliance Requirements: Specific regulatory and compliance requirements applicable to the trust

7. Appendix 2 - Service Level Standards: Detailed service level agreements and performance standards

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

Financial Services

Wealth Management

Asset Management

Private Banking

Professional Services

Legal Services

Estate Planning

Family Office Services

Investment Management

Corporate Services

Relevant Teams

Legal

Compliance

Wealth Management

Trust Administration

Risk Management

Investment Management

Client Services

Operations

Financial Advisory

Estate Planning

Relevant Roles

Trust Manager

Wealth Manager

Financial Advisor

Trust Administrator

Legal Counsel

Compliance Officer

Investment Manager

Portfolio Manager

Risk Manager

Trustee

Trust Operations Manager

Client Relationship Manager

Estate Planner

Trust Account Manager

Fiduciary Specialist

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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