The Trust Deed Fund is a fundamental legal document used in Australia to establish and govern investment and asset management structures. It serves as the constitutional document for various types of funds, from private investment vehicles to large-scale managed investment schemes. When establishing a new fund or investment structure in Australia, a Trust Deed Fund is typically required to comply with Australian regulatory requirements, including those set by ASIC and under the Corporations Act 2001. The document encompasses crucial elements such as trustee powers, investment parameters, unit holder rights, operational procedures, and compliance requirements. It's particularly relevant for financial services providers, investment managers, and professional trustees operating in the Australian market, and must be carefully drafted to ensure compliance with all applicable Australian laws and regulations while providing a robust governance framework for the fund's operation.
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1. Parties: Identifies and defines all parties to the deed including the trustee, settlor, and any other relevant parties
2. Background: Sets out the context and purpose for establishing the trust fund
3. Definitions and Interpretation: Defines key terms used throughout the deed and establishes interpretation principles
4. Establishment of Trust: Formally establishes the trust, specifies the trust property and declares the trust relationship
5. Trust Name and Duration: Specifies the name of the trust and its duration or vesting date
6. Trustee Powers and Obligations: Comprehensive list of trustee powers and duties in managing the trust fund
7. Investment Powers: Specifies permitted investments and investment guidelines
8. Trust Administration: Details day-to-day administrative procedures and requirements
9. Income and Capital: Defines income and capital of the trust and distribution mechanisms
10. Unit Structure: Defines the nature of units, unit holder rights, and unit transactions
11. Compliance and Reporting: Sets out compliance obligations and reporting requirements
12. Meetings: Procedures for trustee and unit holder meetings
13. Amendment of Trust Deed: Processes and limitations for amending the trust deed
14. Termination and Winding Up: Circumstances and procedures for terminating the trust
15. Governing Law and Jurisdiction: Specifies the governing law and jurisdiction for the trust
1. Investment Committee: Establishes an investment committee structure - used for larger funds requiring specific investment oversight
2. Compliance Committee: Creates a compliance committee - required for registered schemes with less than half independent directors
3. Sub-Funds: Provisions for establishing and operating sub-funds - used when the trust structure allows for separate investment pools
4. Retirement Plan Provisions: Special provisions for superannuation or retirement purposes - used if the fund may accept retirement savings
5. Foreign Investment Provisions: Additional provisions for foreign investments - used when the fund may invest internationally
6. Co-Investment Rights: Provisions for co-investment arrangements - used when allowing external co-investment opportunities
7. Environmental, Social and Governance (ESG): ESG investment and reporting requirements - used for funds with specific ESG focus or requirements
1. Schedule 1 - Trust Details: Key information including trust name, establishment date, settled sum, and initial trustee details
2. Schedule 2 - Fees and Expenses: Detailed breakdown of all fees, charges, and recoverable expenses
3. Schedule 3 - Unit Pricing and Valuation: Methodology for unit pricing and asset valuation
4. Schedule 4 - Distribution Rules: Detailed rules and procedures for income and capital distributions
5. Schedule 5 - Meeting Procedures: Detailed procedures for conducting meetings and voting
6. Schedule 6 - Investment Guidelines: Detailed investment parameters, restrictions, and guidelines
7. Appendix A - Application Form: Standard form for unit applications
8. Appendix B - Redemption Form: Standard form for unit redemptions
9. Appendix C - Transfer Form: Standard form for transferring units between holders
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