Master Trust Deed for the United States

Master Trust Deed Template for United States

A Master Trust Deed is a comprehensive legal document under U.S. law that establishes the framework for a trust arrangement, defining the relationships between trustees, settlors, and beneficiaries. It sets out the fundamental terms and conditions governing the trust's operation, including asset management, distribution rules, and trustee powers. The document must comply with both federal and state trust laws, including the Trust Indenture Act and relevant state trust codes.

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What is a Master Trust Deed?

The Master Trust Deed serves as the foundational document for complex trust arrangements under U.S. law. It is particularly utilized when establishing ongoing trust relationships involving multiple assets or beneficiaries, or when creating a structure for future trust arrangements. The Master Trust Deed provides comprehensive provisions for trust administration, asset management, and beneficiary rights, while ensuring compliance with federal regulations such as the Trust Indenture Act and state-specific trust laws. This document is essential for establishing clear governance frameworks and protecting the interests of all parties involved in the trust arrangement.

What sections should be included in a Master Trust Deed?

1. Parties: Identification of trustee, settlor, and beneficiaries

2. Background: Purpose and context of the trust establishment

3. Definitions: Key terms used throughout the deed

4. Trust Creation: Formal establishment of the trust and initial property transfer

5. Trustee Powers: Enumeration of trustee authorities and responsibilities

6. Distribution Provisions: Rules governing distribution of trust assets

7. Trust Administration: Operational procedures and management requirements

What sections are optional to include in a Master Trust Deed?

1. ERISA Provisions: Additional provisions required when trust involves retirement assets or pension funds

2. Foreign Asset Provisions: FATCA compliance requirements and international asset management provisions

3. Successor Trustee Provisions: Detailed procedures for trustee replacement and succession planning

What schedules should be included in a Master Trust Deed?

1. Schedule of Initial Trust Property: Detailed list of assets initially transferred to trust

2. Trustee Compensation Schedule: Fee structure and payment terms for trustee services

3. Investment Guidelines: Specific investment parameters and restrictions

4. Beneficiary Schedule: Detailed information about beneficiaries and their entitlements

5. Administrative Procedures: Detailed operational procedures and 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

Jurisdiction

United States

Publisher

Genie AI

Document Type

Trust Deed

Cost

Free to use
Relevant legal definitions
Clauses
Industries

Trust Indenture Act of 1939: Federal law governing the qualification of trust indentures under which debt securities are issued

Securities Act of 1933: Federal law governing the issuance of securities and registration requirements

Securities Exchange Act of 1934: Federal law regulating secondary trading of securities and establishing SEC oversight

ERISA: Employee Retirement Income Security Act - crucial if the trust involves retirement funds or pension plans

Internal Revenue Code Trust Provisions: Federal tax regulations specific to trusts, including income taxation and distribution rules

Uniform Trust Code: Model law adopted by various states providing standardized trust administration rules

State Trust Laws: State-specific legislation governing trust formation, administration, and enforcement

Blue Sky Laws: State-specific securities laws regulating the offering and sale of securities

State Property Laws: Laws governing property rights, transfer, and ownership within the specific state

Prudent Investor Rules: State-specific rules governing trustee investment responsibilities and portfolio management

SEC Regulations: Federal regulatory requirements for trusts involving securities or investment products

Banking Regulations: Federal and state banking laws applicable to trust operations and administration

Common Law Fiduciary Duties: Legal principles establishing trustee responsibilities, loyalty, and care obligations

Anti-Money Laundering Regulations: Federal requirements for preventing and detecting money laundering in trust operations

FATCA: Foreign Account Tax Compliance Act requirements for trusts with international elements

Dodd-Frank Act: Federal regulations affecting trusts involved in financial services or securities

Teams

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