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Bearer Trust Agreement
"I need a Bearer Trust Agreement for an Australian real estate investment trust structure launching in March 2025, with specific provisions for digital bearer certificates and international holders, compliant with NSW state regulations."
1. Parties: Identifies the settlor and initial trustee(s)
2. Background: Sets out the context and intention to establish a bearer trust
3. Definitions: Defines key terms including 'Bearer Instruments', 'Trust Property', 'Beneficiary Rights'
4. Declaration of Trust: Formal establishment of the trust and acceptance by trustee
5. Nature of Bearer Instruments: Describes the form, rights, and characteristics of bearer instruments
6. Transfer and Registration: Procedures for transferring bearer instruments and maintaining records
7. Rights of Bearer Instrument Holders: Details the rights, entitlements, and limitations of instrument holders
8. Trustee Powers and Duties: Comprehensive list of trustee powers and obligations
9. Trust Administration: Administrative procedures, meetings, and decision-making processes
10. Compliance Requirements: AML/CTF obligations and verification procedures
11. Income and Distribution: Rules regarding trust income, distributions, and payment procedures
12. Termination and Winding Up: Circumstances and procedures for terminating the trust
13. Governing Law and Jurisdiction: Specifies applicable law and jurisdiction for disputes
1. Investment Powers: Detailed investment guidelines and restrictions - include if trust involves significant investment activities
2. Sub-Trust Provisions: Rules for creating and managing sub-trusts - include if sub-trust structure is contemplated
3. Foreign Beneficiary Provisions: Special provisions for foreign beneficiaries - include if international holders expected
4. Digital Trading Provisions: Procedures for electronic trading of bearer instruments - include if digital trading will be permitted
5. Custody Arrangements: Terms for third-party custody of bearer instruments - include if custodian will be appointed
6. Tax Provisions: Detailed tax handling procedures - include if complex tax arrangements are needed
1. Form of Bearer Instrument: Template and specifications for the bearer instruments
2. Transfer Procedures: Detailed procedures and forms for instrument transfers
3. Verification Requirements: AML/CTF verification procedures and requirements
4. Fee Schedule: Schedule of trustee fees and administrative charges
5. Meeting Procedures: Procedures for holder meetings and voting
6. Initial Trust Property: Details of property initially settled on the trust
Authors
Financial Services
Investment Management
Private Banking
Wealth Management
Real Estate Investment
Asset Management
Securities Trading
Family Office Services
Corporate Finance
Trust Services
Legal
Compliance
Trust Administration
Risk Management
Operations
Private Client Services
Investment Management
Corporate Secretariat
Financial Control
Wealth Management
Trust Manager
Compliance Officer
Legal Counsel
Trust Administrator
Investment Manager
Wealth Manager
Company Secretary
Risk Manager
Financial Controller
Operations Manager
Private Client Manager
Trust Officer
AML Compliance Manager
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