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Master Trust Deed

Master Trust Deed Template for Philippines

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Key Requirements PROMPT example:

Master Trust Deed

"I need a Master Trust Deed for a Philippine real estate investment trust to be established by March 2025, which will hold commercial properties in Manila's business district and distribute income to institutional investors."

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Document background
The Master Trust Deed serves as the cornerstone document for establishing and governing trust arrangements in the Philippines, operating within the framework of Philippine trust and banking laws, particularly the General Banking Law of 2000 and relevant Bangko Sentral ng Pilipinas regulations. This document is essential when setting up trust structures for various purposes, including investment management, asset protection, and wealth preservation. The Master Trust Deed outlines comprehensive provisions for trust administration, including trustee appointments, powers and duties, beneficiary rights, investment parameters, and distribution mechanisms. It is particularly crucial for financial institutions, corporations, and high-net-worth individuals seeking to establish structured trust arrangements with robust governance frameworks. The document ensures compliance with Philippine regulatory requirements while providing flexibility for specific trust arrangements through supplemental trust deeds.
Suggested Sections

1. Parties: Identifies and defines the trustee, settlor, and other primary parties to the trust deed

2. Background: Sets out the context and purpose for establishing the trust arrangement

3. Definitions and Interpretation: Comprehensive definitions of terms used throughout the deed and interpretation rules

4. Declaration of Trust: Formal establishment of the trust and acceptance by the trustee

5. Trust Property: Detailed description of the initial trust property and provisions for additional property

6. Powers and Duties of Trustee: Comprehensive outline of trustee's authorities, responsibilities, and obligations

7. Rights and Obligations of Settlor: Defines the settlor's ongoing rights and responsibilities

8. Beneficiary Rights and Interests: Details the rights, interests, and entitlements of beneficiaries

9. Investment Powers: Specifies permitted investments and investment policies

10. Income and Capital Distribution: Rules and procedures for distributing trust income and capital

11. Trustee Remuneration and Expenses: Details of trustee compensation and reimbursement rights

12. Amendments to Trust Deed: Procedures and limitations for modifying the trust deed

13. Trustee Liability and Indemnification: Scope of trustee liability and indemnification provisions

14. Termination and Winding Up: Circumstances and procedures for trust termination

15. Governing Law and Jurisdiction: Specifies Philippine law as governing law and jurisdiction provisions

Optional Sections

1. Security Trustee Provisions: Additional provisions when the trust involves secured assets or acts as security trustee

2. Multiple Series Provisions: Required when the trust structure allows for multiple series or sub-trusts

3. Foreign Investment Provisions: Required when trust property includes foreign investments or foreign beneficiaries

4. Co-Trustee Provisions: Required when multiple trustees are appointed

5. Special Purpose Provisions: For specific trust purposes like employee benefit trusts or charitable trusts

6. Investment Committee: Establishes an investment committee structure and procedures when required

7. Custodian Provisions: Required when a separate custodian is appointed for trust assets

8. Electronic Communications: Provisions for electronic notices and communications if agreed

Suggested Schedules

1. Schedule 1 - Trust Property: Detailed inventory and description of initial trust property

2. Schedule 2 - Trustee Powers: Comprehensive list of specific powers granted to the trustee

3. Schedule 3 - Beneficiary Details: Full details of beneficiaries and their respective interests

4. Schedule 4 - Trustee Remuneration: Detailed fee structure and calculation methods

5. Schedule 5 - Investment Guidelines: Specific investment policies and restrictions

6. Schedule 6 - Distribution Rules: Detailed rules and procedures for distributions

7. Appendix A - Forms: Standard forms for notices, transfers, and other trust operations

8. Appendix B - Meeting Procedures: Procedures for trustee and beneficiary meetings

9. Appendix C - Compliance Requirements: Specific BSP and regulatory compliance requirements

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
Accounting Period
Applicable Law
Appointor
Assets Under Management
Authorized Investments
Bangko Sentral ng Pilipinas
Beneficiary
Business Day
Capital
Certificate of Incorporation
Commencement Date
Compliance Requirements
Corporate Trustee
Custodian
Default Event
Distribution Date
Distribution Period
Due Diligence Requirements
Effective Date
Eligible Investment
Encumbrance
Event of Default
Financial Year
Force Majeure Event
Governing Law
Income
Independent Director
Investment Committee
Investment Guidelines
Investment Manager
Investment Policy
Legal Requirements
Liabilities
Material Adverse Effect
Net Asset Value
Notice
Operating Expenses
Parties
Permitted Investments
Power of Attorney
Principal
Registered Office
Related Party
Relevant Authority
Security Interest
Settlor
Special Resolution
Subsidiary
Supplemental Deed
Tax Year
Term
Trust
Trust Assets
Trust Capital
Trust Deed
Trust Fund
Trust Income
Trust Property
Trustee
Trustee Fee
Unit
Unitholder
Valuation Date
Vesting Date
Working Day
Clauses
Interpretation
Appointment of Trustee
Declaration of Trust
Trust Property
Powers of Trustee
Duties of Trustee
Investment Powers
Delegation
Income Distribution
Capital Distribution
Trustee Remuneration
Expenses and Costs
Indemnification
Liability Limitations
Compliance
Anti-Money Laundering
Beneficiary Rights
Meetings
Notices
Confidentiality
Data Protection
Amendment
Removal of Trustee
Appointment of New Trustee
Termination
Winding Up
Force Majeure
Assignment
Severability
Counterparts
Governing Law
Jurisdiction
Dispute Resolution
Electronic Communications
Record Keeping
Audit Rights
Tax Compliance
Reporting Requirements
Security Interests
Register of Beneficiaries
Custody Arrangements
Relevant Industries

Banking and Financial Services

Investment Management

Real Estate

Insurance

Corporate Services

Wealth Management

Asset Management

Trust Services

Family Office Services

Private Banking

Securities and Investment

Property Development

Relevant Teams

Legal

Compliance

Trust Administration

Wealth Management

Risk Management

Investment Management

Corporate Services

Operations

Client Relations

Due Diligence

Document Management

Financial Control

Relevant Roles

Trust Officer

Legal Counsel

Compliance Officer

Investment Manager

Wealth Manager

Corporate Trustee

Trust Administrator

Risk Manager

Financial Controller

Asset Manager

Private Banking Manager

Trust Operations Manager

Corporate Secretary

Relationship Manager

Due Diligence Officer

Industries
Civil Code of the Philippines (Republic Act No. 386): Provides the fundamental legal framework for contracts, obligations, and property relations in the Philippines, including general provisions applicable to trust arrangements
Securities Regulation Code (Republic Act No. 8799): Regulates the securities market and provides requirements for trust arrangements involving securities, including disclosure requirements and investor protection measures
General Banking Law of 2000 (Republic Act No. 8791): Contains provisions governing trust operations of banks and financial institutions, including requirements for trust entities and fiduciary relationships
Trust Operations Manual of the Bangko Sentral ng Pilipinas: Provides detailed regulations and guidelines for trust operations, including requirements for trust documentation and administration
BSP Manual of Regulations for Banks: Contains specific regulations for banks engaging in trust operations, including capital requirements and operational guidelines
Anti-Money Laundering Act (Republic Act No. 9160): Provides requirements for customer due diligence and reporting obligations in trust arrangements to prevent money laundering
National Internal Revenue Code: Governs the taxation aspects of trust arrangements, including documentary stamp tax and income tax implications
Corporation Code of the Philippines (Republic Act No. 11232): Relevant when the trust arrangement involves corporate trustees or corporate beneficiaries
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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