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Bare Trust And Agency Agreement Template for Australia

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Key Requirements PROMPT example:

Bare Trust And Agency Agreement

"I need a Bare Trust and Agency Agreement for a commercial property investment structure where ABC Trustees Limited will act as trustee and agent for five passive investors, with the trust property being a retail complex in Sydney to be acquired in March 2025."

Document background
The Bare Trust and Agency Agreement is a specialized legal document used in Australia when there is a need to separate legal and beneficial ownership of assets while maintaining the beneficiary's direct control over those assets. This structure is particularly useful in various commercial contexts, including property holdings, investment arrangements, and security structures. The agreement establishes a bare trust where the trustee's role is limited to holding legal title and acting on the beneficiary's instructions, while also creating an agency relationship that allows the trustee to act as the beneficiary's agent in dealing with the trust assets. The document is commonly used in Australian financial services, property transactions, and investment structures where tax efficiency, asset protection, or regulatory compliance requirements necessitate this type of arrangement.
Suggested Sections

1. Parties: Identifies and defines the Trustee, Beneficiary, and any other relevant parties to the agreement

2. Background: Sets out the context and purpose of the bare trust and agency arrangement

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

4. Declaration of Trust: Formally establishes the bare trust arrangement and confirms the trustee holds the trust property for the beneficiary

5. Trust Property: Identifies and describes the property or assets held in the bare trust

6. Trustee Powers and Duties: Specifies the limited powers of the trustee and their core duties in a bare trust context

7. Agency Appointment: Establishes the agency relationship and scope of the agent's authority

8. Instructions and Communications: Details how the beneficiary may give instructions to the trustee/agent and required communication protocols

9. Costs and Expenses: Addresses responsibility for costs associated with maintaining the trust and performing agency duties

10. Term and Termination: Specifies the duration of the arrangement and circumstances for termination

11. General Provisions: Standard boilerplate clauses including governing law, notices, and amendment procedures

Optional Sections

1. Sub-Agency Arrangements: Include when the agent may need to appoint sub-agents to perform certain duties

2. Foreign Investment Provisions: Required when the trust property includes foreign investments or when parties are foreign entities

3. GST Provisions: Include when the trust activities may have GST implications

4. Custodian Arrangements: Include when a separate custodian is appointed to hold assets

5. Multiple Beneficiaries: Include when there are multiple beneficiaries to address their respective rights and relationships

6. Reporting Requirements: Include when specific reporting obligations are required beyond standard trustee duties

7. Compliance with Specific Regulations: Include when the trust must comply with specific regulatory requirements (e.g., AFSL requirements)

Suggested Schedules

1. Schedule 1 - Trust Property: Detailed description and/or list of all assets held in the bare trust

2. Schedule 2 - Fee Schedule: Details of any fees payable to the trustee/agent and payment terms

3. Schedule 3 - Authorized Representatives: List of persons authorized to give instructions on behalf of the beneficiary

4. Schedule 4 - Operating Procedures: Detailed procedures for day-to-day operation of the trust and agency arrangement

5. Appendix A - Form of Instructions: Template forms for giving instructions to the trustee/agent

6. Appendix B - Reporting Templates: Standard templates for required reports and communications

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions








































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Relevant Industries

Financial Services

Property and Real Estate

Investment Management

Wealth Management

Corporate Services

Banking

Superannuation

Asset Management

Family Office Services

Relevant Teams

Legal

Compliance

Trust Administration

Property Management

Investment Management

Corporate Services

Risk Management

Tax

Finance

Wealth Management

Relevant Roles

Trust Manager

Legal Counsel

Corporate Lawyer

Compliance Officer

Property Manager

Investment Manager

Wealth Advisor

Trust Administrator

Company Secretary

Financial Controller

Tax Manager

Risk Manager

Portfolio Manager

Asset Manager

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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