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Investment Trust Agreement

Investment Trust Agreement Template for Hong Kong

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Key Requirements PROMPT example:

Investment Trust Agreement

"I need an Investment Trust Agreement for a family office in Hong Kong, managing assets of HKD 500 million, with provisions for quarterly distributions to family members and conservative investment guidelines focusing on fixed income and blue-chip equities."

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Document background
The Investment Trust Agreement is a crucial document used in Hong Kong's financial services sector to establish and govern investment trust arrangements. It is particularly relevant when setting up managed investment structures that require professional trust administration and investment management. The agreement combines elements of trust law with investment regulations, ensuring compliance with Hong Kong's legal framework, including the Trustee Ordinance (Cap. 29) and Securities and Futures Ordinance (Cap. 571). This document is essential for situations where investors seek to pool assets for professional management while maintaining the protection and flexibility of a trust structure. It details the trust's investment objectives, management structure, operational procedures, and risk management frameworks, while addressing regulatory requirements specific to Hong Kong's financial market.
Suggested Sections

1. Parties: Identification of the trustee, settlor, and any initial beneficiaries

2. Background: Context of the trust creation and its primary purpose

3. Definitions and Interpretation: Key terms used throughout the agreement and rules of interpretation

4. Declaration of Trust: Formal establishment of the trust and initial trust property

5. Investment Objectives and Policy: Statement of investment goals and permitted investment strategies

6. Powers and Duties of the Trustee: Detailed outline of trustee's authority and responsibilities

7. Investment Guidelines and Restrictions: Specific parameters for investments and any prohibited activities

8. Trust Administration: Day-to-day management procedures and decision-making processes

9. Beneficiary Rights and Interests: Rights of beneficiaries and distribution policies

10. Fees and Expenses: Trustee compensation and allocation of trust expenses

11. Reporting and Valuations: Requirements for financial reporting and asset valuation

12. Term and Termination: Duration of the trust and circumstances for termination

13. Governing Law and Jurisdiction: Specification of Hong Kong law and jurisdiction

14. Amendments: Procedures for modifying the trust agreement

Optional Sections

1. Investment Committee: Required when the trust structure includes an investment committee for decision-making

2. Unit Structure: Needed for unit trusts with multiple investors and transferable interests

3. Subscription and Redemption: Required for open-ended investment trusts allowing periodic investments/withdrawals

4. Anti-Money Laundering Provisions: Detailed AML procedures for trusts with frequent transactions or multiple investors

5. Tax Considerations: Specific tax provisions when trust has international elements or special tax arrangements

6. Custodian Arrangements: Required when a separate custodian holds trust assets

7. Side Letter Provisions: Framework for managing side letters with specific investors

Suggested Schedules

1. Initial Trust Property: Details of assets initially settled into the trust

2. Investment Guidelines: Detailed investment parameters, limits, and restrictions

3. Fee Schedule: Comprehensive breakdown of all fees and charges

4. Valuation Methodology: Detailed procedures for valuing different types of trust assets

5. Subscription Form: Standard form for new investors joining the trust

6. KYC Requirements: Required documentation and procedures for investor verification

7. Distribution Policy: Detailed rules for calculating and making distributions

8. Service Providers: List of appointed service providers 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
Relevant legal definitions

































































Clauses



































Relevant Industries

Financial Services

Asset Management

Wealth Management

Investment Banking

Private Banking

Family Office Services

Fund Management

Trust Services

Professional Services

Securities and Investment

Relevant Teams

Legal

Compliance

Investment Management

Risk Management

Trust Administration

Operations

Finance

Wealth Management

Portfolio Management

Client Services

Relevant Roles

Trust Manager

Investment Director

Compliance Officer

Legal Counsel

Fund Manager

Portfolio Manager

Risk Manager

Trust Administrator

Investment Analyst

Wealth Manager

Private Banker

Financial Advisor

Trust Officer

Company Secretary

Operations Manager

Industries







Teams

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