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Trust Fund Agreement

Trust Fund Agreement Template for Switzerland

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Key Requirements PROMPT example:

Trust Fund Agreement

"I need a Trust Fund Agreement under Swiss law for managing family wealth of approximately 50M CHF, with specific ESG investment restrictions and quarterly distributions to three adult beneficiaries, to be established by March 2025."

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Document background
The Trust Fund Agreement is a sophisticated legal instrument used to establish and govern trust arrangements under Swiss law. While Switzerland doesn't have domestic trust law, it recognizes trusts through its ratification of the Hague Trust Convention and has incorporated specific provisions in its Private International Law Act. This document is essential when establishing trust structures for wealth management, succession planning, charitable purposes, or institutional arrangements in Switzerland. The agreement comprehensively details the transfer of assets, trustee powers and duties, beneficiary rights, investment parameters, and distribution rules, while ensuring compliance with Swiss financial regulations, including FINMA requirements and anti-money laundering provisions. It's particularly relevant for international clients utilizing Switzerland's robust financial and legal framework for their trust arrangements.
Suggested Sections

1. Parties: Identification of all parties including Settlor(s), Trustee(s), and named Beneficiaries

2. Background: Context of the trust fund establishment and primary purposes

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

4. Trust Fund Establishment: Declaration of trust and initial settlement details

5. Purpose of the Trust: Clearly defined objectives and intended benefits of the trust fund

6. Trustee Powers and Duties: Comprehensive listing of trustee authorities, responsibilities, and obligations

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

8. Distribution Rules: Rules and procedures governing distributions to beneficiaries

9. Beneficiary Rights: Rights, entitlements, and conditions for beneficiaries

10. Duration and Termination: Term of the trust and conditions for termination

11. Accounting and Reporting: Requirements for financial reporting and account maintenance

12. Governing Law and Jurisdiction: Confirmation of Swiss law application and jurisdiction

13. Amendment Provisions: Procedures for modifying the trust agreement

14. Miscellaneous Provisions: Standard legal provisions including severability, notices, and entire agreement

Optional Sections

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

2. Successor Trustees: Include when specific provisions for trustee succession are needed

3. Foreign Asset Provisions: Required when trust holds assets in multiple jurisdictions

4. Tax Considerations: Include when specific tax planning structures are implemented

5. Charitable Purposes: Required for trusts with charitable components

6. Conflict Resolution: Detailed dispute resolution procedures when standard jurisdiction clause is insufficient

7. Letter of Wishes: Non-binding guidance from settlor regarding trust administration

8. Privacy and Confidentiality: Enhanced privacy provisions when standard provisions are insufficient

Suggested Schedules

1. Schedule A - Initial Trust Property: Detailed inventory of assets initially settled into the trust

2. Schedule B - Investment Policy Statement: Detailed investment guidelines and restrictions

3. Schedule C - Trustee Compensation: Fee structure and payment terms for trustee services

4. Schedule D - Beneficiary Distribution Schedule: Specific distribution terms and conditions for each beneficiary

5. Schedule E - Administrative Procedures: Detailed procedures for trust administration and operation

6. Appendix 1 - KYC Documentation: Required due diligence documentation for all parties

7. Appendix 2 - Tax Residency Declarations: Tax status declarations for relevant parties

8. Appendix 3 - Professional Advisors: List of appointed professional advisors and their roles

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
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Relevant Industries

Financial Services

Private Banking

Wealth Management

Asset Management

Family Office Services

Professional Services

Legal Services

Trust and Fiduciary Services

Private Client Services

Charitable Organizations

Relevant Teams

Legal

Compliance

Wealth Management

Private Banking

Trust Administration

Investment Management

Risk Management

Client Services

Tax Advisory

Fiduciary Services

Relevant Roles

Wealth Manager

Trust Officer

Private Banker

Legal Counsel

Compliance Officer

Financial Advisor

Tax Consultant

Investment Manager

Relationship Manager

Trust Administrator

Risk Manager

Portfolio Manager

Family Office Director

Fiduciary Services Manager

Client Services Director

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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