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Blind Trust Agreement Template for Germany

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Key Requirements PROMPT example:

Blind Trust Agreement

"I need a Blind Trust Agreement under German law for my appointment as a senior government minister starting March 2025, which must cover my extensive stock portfolio and real estate investments while ensuring complete independence in asset management and compliance with public sector ethics requirements."

Document background
The Blind Trust Agreement is essential in situations where individuals need to eliminate potential conflicts of interest by completely separating themselves from their investment decisions. This document is particularly relevant for public officials, corporate executives, or investment professionals who must demonstrate independence from their financial interests. Under German law, while traditional common law trusts are not recognized, these arrangements are structured through Treuhand relationships, combining elements of contract and property law. The agreement details the complete transfer of asset management authority to an independent trustee, establishing strict information barriers, communication protocols, and reporting requirements. It includes comprehensive provisions for trustee powers, investment guidelines, confidentiality obligations, and termination conditions, all while ensuring compliance with German regulatory requirements including banking regulations (KWG), investment laws (KAGB), and data protection regulations (BDSG).
Suggested Sections

1. Parties: Identification of the settlor (transferring the assets), the trustee (managing the assets), and any protector or supervisor if applicable

2. Background: Context for the agreement's creation, including the settlor's desire to avoid conflicts of interest and establish independent asset management

3. Definitions: Key terms used throughout the agreement, including 'Trust Assets', 'Blind Trust', 'Investment Decisions', 'Confidential Information', etc.

4. Establishment of Trust: Creation of the trust relationship, transfer of assets, and declaration of the blind trust structure

5. Independence Requirements: Provisions ensuring complete separation between settlor and investment decisions, including communication restrictions

6. Trustee Powers and Duties: Comprehensive outline of trustee's authority, investment powers, and fiduciary responsibilities

7. Investment Guidelines: General parameters for investment decisions while maintaining blind status

8. Confidentiality Obligations: Strict provisions regarding information barriers and confidentiality requirements

9. Reporting Requirements: Specifications for permitted communications and required reports, maintaining blind status

10. Compensation: Trustee fees, expense reimbursement, and payment terms

11. Term and Termination: Duration of the trust, circumstances for termination, and process for trust dissolution

12. Liability and Indemnification: Trustee liability limitations and indemnification provisions

13. Governing Law and Jurisdiction: Specification of German law application and jurisdiction for disputes

14. Amendment Provisions: Procedures for modifying the agreement while maintaining blind status

Optional Sections

1. Successor Trustee Provisions: Used when parties want to establish procedures for trustee replacement or succession

2. Protector Provisions: Included when a trust protector is appointed to provide additional oversight

3. Tax Provisions: Detailed tax handling procedures when complex tax situations need to be addressed

4. Ethical Investment Guidelines: When the settlor wishes to establish general ethical parameters while maintaining blind status

5. Emergency Communications Protocol: Procedures for extraordinary circumstances requiring breach of blind status

6. Digital Asset Provisions: When digital assets or cryptocurrencies are included in the trust assets

7. Family Member Provisions: When family members' interests need to be considered or protected

Suggested Schedules

1. Schedule A - Initial Trust Assets: Detailed inventory of assets initially transferred to the trust

2. Schedule B - Trustee Compensation: Detailed fee structure and payment terms

3. Schedule C - Permitted Communications: List of authorized types of communications and reporting formats

4. Schedule D - Investment Guidelines: Detailed investment parameters and restrictions

5. Appendix 1 - Conflict Check Procedures: Procedures for ensuring ongoing independence and conflict avoidance

6. Appendix 2 - Reporting Templates: Standardized formats for permitted reports and communications

7. Appendix 3 - Privacy and Security Protocols: Detailed procedures for maintaining confidentiality and information security

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

Government and Public Sector

Investment Management

Legal Services

Corporate Governance

Banking

Wealth Management

Public Administration

Political Organizations

Professional Services

Relevant Teams

Legal

Compliance

Corporate Governance

Risk Management

Wealth Management

Investment Administration

Executive Office

Company Secretariat

Financial Control

Trust Services

Relevant Roles

Chief Executive Officer

Government Minister

Public Official

Corporate Director

Investment Manager

Compliance Officer

Trust Administrator

Wealth Manager

Legal Counsel

Financial Controller

Risk Manager

Board Member

Political Candidate

Senior Executive

Company Secretary

Portfolio 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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