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Bearer Trust Agreement Template for Australia

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Key Requirements PROMPT example:

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."

Document background
The Bearer Trust Agreement is a specialized legal instrument used in Australia when establishing trust structures where beneficial interests are to be represented by transferable bearer instruments. This document type is particularly relevant for investment structures requiring flexible transfer of beneficial interests while maintaining proper governance and regulatory compliance. The agreement must carefully balance the anonymity traditionally associated with bearer instruments against Australian regulatory requirements, particularly AML/CTF obligations. It's typically employed in sophisticated investment structures, family office arrangements, or private wealth management scenarios where transferability of interests is crucial. The document must comply with state-specific trust laws, federal financial services regulations, and relevant securities legislation.
Suggested Sections

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

Optional Sections

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

Suggested Schedules

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

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

Investment Management

Private Banking

Wealth Management

Real Estate Investment

Asset Management

Securities Trading

Family Office Services

Corporate Finance

Trust Services

Relevant Teams

Legal

Compliance

Trust Administration

Risk Management

Operations

Private Client Services

Investment Management

Corporate Secretariat

Financial Control

Wealth Management

Relevant Roles

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

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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