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Investment Trust Contract Template for Hong Kong

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Key Requirements PROMPT example:

Investment Trust Contract

"I need an Investment Trust Contract for a Hong Kong-based fixed income investment trust launching in March 2025, with quarterly distributions and a single trustee structure."

Document background
The Investment Trust Contract is a foundational document used in Hong Kong's financial services sector to establish and govern investment trust arrangements. It serves as the primary legal framework defining the relationships, rights, and obligations among the trustee, investment manager, and unit holders. This document is essential when setting up regulated investment products in Hong Kong, particularly for collective investment schemes and unit trusts. The contract must comply with Hong Kong's regulatory requirements, including the Securities and Futures Ordinance and Trustee Ordinance, while providing detailed provisions for trust administration, investment management, and unit holder protection. It is commonly used by financial institutions, asset managers, and professional trustees operating in Hong Kong's sophisticated financial markets.
Suggested Sections

1. Parties: Identifies the trustee, settlor, and investment manager

2. Background: Sets out the context and purpose of establishing the investment trust

3. Definitions and Interpretation: Defines key terms and interpretation rules used throughout the agreement

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

5. Investment Objectives and Policy: Defines the trust's investment goals and permitted investment strategies

6. Powers and Duties of Trustee: Details the trustee's authority, responsibilities, and limitations

7. Investment Manager Appointment and Powers: Specifies the role, powers, and duties of the investment manager

8. Trust Administration: Covers operational aspects including valuation, income distribution, and record-keeping

9. Unit Structure and Rights: Details the nature of units, unit holders' rights, and transfer provisions

10. Fees and Expenses: Specifies all fees, charges, and expense allocation

11. Risk Factors and Disclosures: Mandatory risk warnings and disclosures

12. Compliance and Reporting: Details compliance requirements and reporting obligations

13. Amendment and Termination: Procedures for modifying the trust deed and terminating the trust

14. Governing Law and Jurisdiction: Specifies Hong Kong law as governing law and jurisdiction provisions

Optional Sections

1. Sub-Fund Structure: Required only for umbrella funds with multiple sub-funds

2. Distribution Policy: Needed for trusts that make regular distributions to unit holders

3. Tax Considerations: Detailed tax provisions where specific tax structuring is required

4. Unit Class Rights: Required when multiple unit classes with different rights are offered

5. Foreign Investment Provisions: Needed when the trust invests in overseas markets

6. Securities Lending: Required if the trust engages in securities lending activities

7. Performance Fee Structure: Include when performance-based fees are part of the fee structure

Suggested Schedules

1. Schedule 1 - Initial Trust Property: Details of the initial assets transferred to the trust

2. Schedule 2 - Investment Restrictions: Detailed investment limitations and restrictions

3. Schedule 3 - Valuation Rules: Detailed methodology for valuing trust assets

4. Schedule 4 - Fee Schedule: Detailed breakdown of all fees and charges

5. Schedule 5 - Subscription and Redemption Procedures: Detailed procedures for unit transactions

6. Appendix A - Form of Transfer Instrument: Standard form for transferring units

7. Appendix B - Anti-Money Laundering Procedures: AML compliance procedures and requirements

8. Appendix C - Conflicts of Interest Policy: Policies for managing potential conflicts of interest

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






















































Clauses
































Relevant Industries

Financial Services

Asset Management

Wealth Management

Investment Banking

Private Banking

Fund Management

Professional Services

Trust Services

Securities and Investments

Private Equity

Relevant Teams

Legal

Compliance

Investment Management

Risk Management

Operations

Client Services

Product Development

Fund Administration

Regulatory Affairs

Finance

Trust Administration

Relevant Roles

Trust Manager

Investment Manager

Compliance Officer

Legal Counsel

Fund Manager

Portfolio Manager

Risk Manager

Trustee Director

Chief Investment Officer

Operations Manager

Regulatory Affairs Manager

Company Secretary

Product Development Manager

Client Relations Manager

Financial Controller

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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