A Performance Deed of Trust is particularly valuable when parties wish to create a trust structure that incorporates performance-based elements under English and Welsh law. This document is commonly used in situations where trust distributions should be linked to specific achievements or metrics, such as business performance, personal development, or professional milestones. The deed must comply with fundamental trust law principles while incorporating clear, measurable performance criteria. It's especially relevant for business succession planning, employee incentive schemes, and family wealth management where performance-based distribution is desired.
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1. Parties: Identifies settlor, trustees, and beneficiaries with full legal details
2. Background: Context of trust creation and performance requirements
3. Definitions: Key terms used throughout the deed
4. Trust Declaration: Formal creation of trust and specification of trust property
5. Performance Conditions: Specific conditions that trigger benefits or distributions
6. Trustee Powers: Enumeration of trustees' powers and authorities
7. Distribution Provisions: Rules governing how and when trust assets are distributed
1. Investment Powers: Specific investment authorities beyond statutory powers - used when trust involves significant financial assets
2. Protector Provisions: Appointment and powers of trust protector - used for larger trusts requiring additional oversight
3. Foreign Element Provisions: Handling of international aspects - used when trust has cross-border elements
1. Schedule of Trust Property: Detailed list of initial trust assets
2. Performance Metrics Schedule: Specific metrics and targets for performance assessment
3. Beneficiary Schedule: Detailed information about beneficiaries and their entitlements
4. Investment Guidelines: Detailed investment parameters and restrictions
Relevant legal definitions
Trust Property
Performance Conditions
Performance Period
Measurement Date
Assessment Criteria
Distribution Date
Qualifying Event
Trust Period
Vesting Date
Appointed Person
Beneficiary
Contingent Beneficiary
Excluded Person
Initial Trustees
Successor Trustees
Trust Protector
Performance Metrics
Target Thresholds
Distribution Formula
Accumulation Period
Performance Report
Review Date
Trust Income
Trust Capital
Eligible Investment
Permitted Territory
Management Committee
Professional Adviser
Related Parties
Business Day
Accounting Period
Default Event
Force Majeure Event
Effective Date
Termination Event
Performance Conditions
Performance Period
Measurement Date
Assessment Criteria
Distribution Date
Qualifying Event
Trust Period
Vesting Date
Appointed Person
Beneficiary
Contingent Beneficiary
Excluded Person
Initial Trustees
Successor Trustees
Trust Protector
Performance Metrics
Target Thresholds
Distribution Formula
Accumulation Period
Performance Report
Review Date
Trust Income
Trust Capital
Eligible Investment
Permitted Territory
Management Committee
Professional Adviser
Related Parties
Business Day
Accounting Period
Default Event
Force Majeure Event
Effective Date
Termination Event
Clauses
Interpretation
Declaration of Trust
Trust Property
Performance Conditions
Trustee Powers
Trustee Duties
Investment Powers
Distribution Provisions
Performance Assessment
Beneficiary Rights
Appointment and Removal of Trustees
Trust Protector Powers
Amendment Powers
Revocation
Duration and Termination
Income and Capital
Accumulation Provisions
Administrative Powers
Delegation
Indemnification
Accounting and Reporting
Confidentiality
Notices
Governing Law
Dispute Resolution
Severability
Power of Appointment
Tax Provisions
Foreign Element Provisions
Perpetuity Period
Declaration of Trust
Trust Property
Performance Conditions
Trustee Powers
Trustee Duties
Investment Powers
Distribution Provisions
Performance Assessment
Beneficiary Rights
Appointment and Removal of Trustees
Trust Protector Powers
Amendment Powers
Revocation
Duration and Termination
Income and Capital
Accumulation Provisions
Administrative Powers
Delegation
Indemnification
Accounting and Reporting
Confidentiality
Notices
Governing Law
Dispute Resolution
Severability
Power of Appointment
Tax Provisions
Foreign Element Provisions
Perpetuity Period
Relevant Industries
Relevant Teams
Relevant Roles
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