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Trust Management Agreement

Trust Management Agreement Template for Canada

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Key Requirements PROMPT example:

Trust Management Agreement

"I need a Trust Management Agreement for a family trust in Ontario, Canada, that will primarily manage a portfolio of publicly traded securities and real estate assets, with specific provisions for quarterly distributions to beneficiaries starting March 2025."

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Document background
The Trust Management Agreement serves as the foundational document for professional trust administration in Canada, typically used when trust assets require sophisticated management by professional trustees or trust companies. This agreement is essential when transitioning from personal to professional trust management or establishing new trusts with professional administration. The document comprehensively addresses all aspects of trust management, including investment policies, risk management, reporting requirements, and compliance with Canadian federal and provincial regulations. It's particularly crucial for complex trust arrangements involving substantial assets, multiple beneficiaries, or specialized investment requirements. The Trust Management Agreement must comply with provincial Trustee Acts, federal tax laws, and securities regulations, making it a vital instrument for ensuring proper fiduciary oversight and protection of trust assets.
Suggested Sections

1. Parties: Identification of the settlor, trustee(s), and beneficiaries

2. Background: Context of the trust establishment and purpose of the management agreement

3. Definitions: Definitions of key terms used throughout the agreement

4. Appointment and Acceptance: Formal appointment of the trustee and their acceptance of the role

5. Trustee Powers and Authority: Detailed outline of the trustee's powers in managing trust assets

6. Investment Guidelines: Parameters and restrictions for investment of trust assets

7. Duties and Responsibilities: Specific responsibilities of the trustee in managing the trust

8. Reporting Requirements: Frequency and content of financial reports and accountings

9. Compensation: Fee structure and payment terms for trustee services

10. Risk Management: Procedures for identifying and managing trust-related risks

11. Liability and Indemnification: Scope of trustee liability and indemnification provisions

12. Confidentiality: Obligations regarding confidential information and trust privacy

13. Term and Termination: Duration of the agreement and termination procedures

14. Governing Law: Specification of applicable Canadian law and jurisdiction

15. General Provisions: Standard clauses including amendments, notices, and severability

Optional Sections

1. Co-Trustee Provisions: Required when multiple trustees are appointed, defining their relationship and decision-making process

2. Specialized Asset Management: Needed for trusts with unique assets like businesses, real estate, or intellectual property

3. Distribution Committee: Required when a separate committee oversees distribution decisions

4. Foreign Asset Provisions: Necessary for trusts with international assets or cross-border considerations

5. Environmental Responsibilities: Required for trusts holding real estate or business assets with environmental implications

6. Digital Asset Management: Needed for trusts containing digital assets or cryptocurrencies

7. Successor Trustee Provisions: Detailed procedures for trustee succession when specifically requested

8. Trust Protector Provisions: Required when a trust protector is appointed to oversee trustee actions

Suggested Schedules

1. Schedule A - Trust Assets: Detailed inventory of initial trust assets and their values

2. Schedule B - Investment Policy Statement: Comprehensive investment guidelines and objectives

3. Schedule C - Fee Schedule: Detailed breakdown of trustee compensation and fee structure

4. Schedule D - Authorized Representatives: List of individuals authorized to act on behalf of various parties

5. Schedule E - Reporting Templates: Standard formats for required financial and performance reports

6. Appendix 1 - KYC Documentation: Required know-your-client and anti-money laundering documentation

7. Appendix 2 - Risk Disclosure Statement: Detailed disclosure of investment and management risks

8. Appendix 3 - Operating Procedures: Detailed procedures for routine trust administration activities

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈË°æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

alex.den.21@genieai.co
Relevant legal definitions



































Clauses






























Relevant Industries

Financial Services

Wealth Management

Banking

Legal Services

Investment Management

Estate Planning

Private Banking

Family Office Services

Trust Services

Professional Services

Relevant Teams

Legal

Compliance

Wealth Management

Trust Administration

Investment Management

Risk Management

Financial Planning

Tax Advisory

Operations

Client Services

Relevant Roles

Trust Officer

Private Wealth Manager

Estate Planning Attorney

Trust Administrator

Investment Manager

Compliance Officer

Financial Advisor

Trust Operations Manager

Risk Management Officer

Legal Counsel

Portfolio Manager

Trust Account Manager

Chief Trust Officer

Fiduciary Services Director

Trust Tax Specialist

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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