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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."
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
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)
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
Financial Services
Property and Real Estate
Investment Management
Wealth Management
Corporate Services
Banking
Superannuation
Asset Management
Family Office Services
Legal
Compliance
Trust Administration
Property Management
Investment Management
Corporate Services
Risk Management
Tax
Finance
Wealth Management
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
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