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Master Trust Deed
"I need a Master Trust Deed for establishing a real estate investment trust in India, expected to launch in March 2025, that will allow for both domestic and foreign investors and include specific provisions for ESG compliance."
1. Parties: Identifies the settlor, trustee(s), and initial beneficiaries
2. Background: Sets out the context and purpose for establishing the trust
3. Definitions and Interpretation: Defines key terms used throughout the deed and interpretation rules
4. Declaration of Trust: Formal establishment of the trust and initial trust property
5. Trust Name and Duration: Specifies the official name of the trust and its duration/termination conditions
6. Trustee Powers and Duties: Comprehensive listing of trustee powers and obligations under the trust
7. Trust Property Management: Rules and procedures for managing, investing, and dealing with trust property
8. Beneficiary Rights and Interests: Defines beneficiary entitlements and distribution rules
9. Amendment Provisions: Procedures for modifying the trust deed
10. Trustee Appointment and Removal: Process for appointing new trustees and removing existing ones
11. Trust Administration: Day-to-day administration procedures and record-keeping requirements
12. Trustee Remuneration: Details of trustee compensation and expense reimbursement
13. Governing Law and Jurisdiction: Specifies Indian law as governing law and jurisdiction for disputes
1. Investment Committee: Required when the trust needs a formal investment decision-making body
2. Unit Structure: Needed for unit trusts or when trust interests are divided into units
3. Special Powers: Additional powers for specific types of investments or activities
4. Sub-Trusts: Provisions for creating and managing sub-trusts if required
5. Foreign Beneficiary Provisions: Special provisions when beneficiaries include foreign nationals
6. Charitable Purposes: Required for trusts with charitable components
7. Environmental, Social and Governance (ESG) Provisions: For trusts with specific ESG investment requirements
8. Digital Asset Management: Provisions for managing digital assets and cryptocurrencies
1. Schedule 1 - Initial Trust Property: Detailed list and description of initial trust assets
2. Schedule 2 - Trustee Powers: Comprehensive list of specific powers granted to trustees
3. Schedule 3 - Initial Beneficiaries: Complete list and details of initial beneficiaries
4. Schedule 4 - Investment Guidelines: Detailed investment policies and restrictions
5. Schedule 5 - Trustee Remuneration Structure: Detailed fee structure and calculation methodology
6. Schedule 6 - Trust Distribution Rules: Specific rules and procedures for trust distributions
7. Appendix A - Compliance Requirements: Summary of key regulatory compliance requirements
8. Appendix B - Administrative Procedures: Detailed operational procedures and processes
Authors
Financial Services
Asset Management
Real Estate
Investment Banking
Mutual Funds
Infrastructure
Private Equity
Corporate Finance
Wealth Management
Insurance
Legal
Compliance
Finance
Risk Management
Operations
Investment Management
Asset Management
Corporate Secretarial
Treasury
Wealth Management
Trust Administration
Legal Counsel
Trust Manager
Compliance Officer
Investment Manager
Fund Manager
Company Secretary
Chief Financial Officer
Risk Manager
Asset Manager
Treasury Manager
Corporate Lawyer
Trust Administrator
Wealth Manager
Portfolio Manager
Operations Director
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