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Trust Management Agreement

Trust Management Agreement Template for Australia

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Key Requirements PROMPT example:

Trust Management Agreement

"I need a Trust Management Agreement for a family trust that will manage agricultural properties in Western Australia, with specific provisions for Indigenous land rights and environmental sustainability commitments, to be effective from March 2025."

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Document background
A Trust Management Agreement is essential when engaging professional trust management services in Australia. This document is typically used when trustees require specialized expertise in managing trust assets, ensuring regulatory compliance, and administering trust affairs. The agreement should comply with various Australian legislation including the Trustees Act (state-specific), Corporations Act 2001 (Cth), and relevant financial services regulations. It outlines comprehensive terms covering service scope, fees, reporting obligations, risk management, and operational procedures. The agreement is particularly relevant for complex trusts, regulated trust structures, or when professional trust management services are required for ensuring proper governance and compliance with Australian regulatory requirements. It provides clarity on roles, responsibilities, and accountability while protecting the interests of all parties involved in the trust arrangement.
Suggested Sections

1. Parties: Identifies the trust manager, trustee, and any other relevant parties to the agreement

2. Background: Sets out the context of the agreement, including details of the trust and the purpose of the management arrangement

3. Definitions and Interpretation: Defines key terms used throughout the agreement and establishes interpretation principles

4. Appointment and Authority: Formal appointment of the trust manager and scope of their authority

5. Services and Obligations: Detailed description of the trust management services to be provided

6. Duties and Powers: Specific duties and powers of the trust manager in administering the trust

7. Compliance and Reporting: Obligations regarding regulatory compliance and reporting requirements

8. Fees and Expenses: Structure and payment of management fees and recovery of expenses

9. Risk Management: Risk management procedures and controls

10. Representations and Warranties: Standard representations and warranties from both parties

11. Liability and Indemnification: Extent of liability and indemnification provisions

12. Confidentiality and Privacy: Obligations regarding confidential information and personal data

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

14. General Provisions: Standard boilerplate clauses including governing law, notices, and dispute resolution

Optional Sections

1. Delegation: Include when the trust manager may need to delegate certain functions to third parties

2. Investment Guidelines: Required when the trust manager has investment management responsibilities

3. Distribution Policy: Include when the trust manager has responsibilities for managing trust distributions

4. ESG Considerations: Include when environmental, social and governance factors are relevant to trust management

5. Foreign Investment Provisions: Required when the trust has international investments or overseas beneficiaries

6. Digital Assets Management: Include when the trust includes digital assets or cryptocurrency

7. Insurance Requirements: Detailed insurance obligations when specific coverage types are required

8. Dispute Resolution Procedure: Detailed dispute resolution procedures when standard provisions are insufficient

Suggested Schedules

1. Schedule 1 - Trust Details: Details of the trust including trust deed date, trustees, and beneficiaries

2. Schedule 2 - Services Description: Detailed description of all management services to be provided

3. Schedule 3 - Fee Schedule: Detailed breakdown of all fees, charges, and payment terms

4. Schedule 4 - Service Levels: Performance metrics and service level requirements

5. Schedule 5 - Authorized Personnel: List of authorized representatives and their authority levels

6. Schedule 6 - Reporting Requirements: Details of required reports, frequency, and content

7. Appendix A - Compliance Checklist: Checklist of regulatory compliance requirements

8. Appendix B - Operating Procedures: Detailed operational procedures and protocols

9. Appendix C - Risk Management Framework: Detailed risk management policies and procedures

Authors

Alex Denne

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

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant legal definitions
Applicable Laws
ASIC
Assets Under Management
Authorized Personnel
Authorized Representative
Beneficiaries
Business Day
Commencement Date
Compliance Requirements
Confidential Information
Corporations Act
Custodian
Delegate
Distribution
Effective Date
Fees
Force Majeure Event
GST
Investment Guidelines
Investment Manager
Investment Objectives
Key Personnel
Management Services
Material Adverse Effect
Performance Standards
Personal Information
Portfolio
Professional Indemnity Insurance
Proper Instructions
Records
Regulatory Authority
Relevant Law
Reporting Period
Representatives
Security Interest
Service Levels
Services
Settled Sum
Settlor
Subscription Agreement
Term
Trust
Trust Assets
Trust Deed
Trust Documents
Trust Fund
Trust Manager
Trust Property
Trustee
Unit
Unitholder
Valuation Date
Valuation Period
Clauses
Appointment
Authority
Services
Duties and Powers
Delegation
Investment Management
Compliance
Reporting
Record Keeping
Fees and Expenses
Payment Terms
Performance Standards
Risk Management
Representations and Warranties
Covenants
Confidentiality
Privacy
Intellectual Property
Data Protection
Insurance
Liability
Indemnification
Force Majeure
Term
Termination
Transition Services
Assignment
Subcontracting
Dispute Resolution
Governing Law
Notices
Amendment
Entire Agreement
Severability
Further Assurance
Counterparts
Electronic Execution
GST
Anti-Money Laundering
Conflicts of Interest
Relevant Industries

Financial Services

Wealth Management

Estate Planning

Investment Management

Private Banking

Family Office Services

Real Estate

Superannuation

Charitable Services

Indigenous Services

Asset Management

Professional Services

Relevant Teams

Legal

Compliance

Risk Management

Wealth Management

Trust Administration

Investment Management

Operations

Client Services

Finance

Corporate Services

Governance

Portfolio Management

Relevant Roles

Trust Manager

Trustee

Trust Administrator

Investment Manager

Compliance Officer

Legal Counsel

Risk Manager

Wealth Manager

Financial Advisor

Estate Planning Specialist

Operations Manager

Relationship Manager

Portfolio Manager

Chief Financial Officer

Chief Operating Officer

Managing Director

Company Secretary

Industries
Trustees Act (State-specific): Core legislation governing trustee duties, powers, and obligations. Each Australian state has its own Trustees Act that sets out the fundamental rules for trust administration.
Corporations Act 2001 (Cth): Governs corporate trustees and financial services providers, including licensing requirements for trust management services and duties of corporate trustees.
Australian Securities and Investments Commission Act 2001: Regulates financial services and products, including trust management services, and provides consumer protection provisions.
Anti-Money Laundering and Counter-Terrorism Financing Act 2006: Sets out obligations for customer due diligence and reporting requirements when providing designated services, including trust management.
Income Tax Assessment Act 1936 and 1997: Contains provisions relating to the taxation of trusts and trust income, which must be considered in trust management.
Privacy Act 1988 (Cth): Regulates the handling of personal information, which is relevant when managing trust beneficiary information and other personal data.
Competition and Consumer Act 2010 (including Australian Consumer Law): Contains provisions about unfair contract terms and consumer protections that may apply to trust management services.
Financial Sector (Collection of Data) Act 2001: Relevant for reporting requirements if the trust management involves significant financial services.
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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