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Nominee Trust Agreement

Nominee Trust Agreement Template for New Zealand

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Key Requirements PROMPT example:

Nominee Trust Agreement

"I need a Nominee Trust Agreement for a property investment structure where a corporate trustee will hold three commercial properties in Auckland on behalf of an overseas investor, with the arrangement to commence from March 1, 2025, and including specific provisions for quarterly reporting and asset management."

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Document background
The Nominee Trust Agreement is a crucial legal instrument in New Zealand's trust law framework, designed to facilitate arrangements where legal and beneficial ownership of assets need to be separated for legitimate business or personal purposes. This document type is commonly used in property investments, share holdings, and other asset management scenarios where a nominee holds legal title while the appointer retains beneficial ownership. The agreement must comply with the Trusts Act 2019 and related New Zealand legislation, including anti-money laundering regulations and financial conduct requirements. It typically includes comprehensive provisions for trust administration, asset management, trustee duties, and beneficiary rights, making it essential for various commercial and private wealth management situations. The Nominee Trust Agreement serves as the foundational document establishing the trust relationship and governing all aspects of the nominee arrangement.
Suggested Sections

1. Parties: Identifies and defines the Appointer/Settlor, Nominee Trustee, and Primary Beneficiary

2. Background: Sets out the context of the nominee arrangement and the intention to establish the trust

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

4. Declaration of Trust: Formal establishment of the trust and confirmation of the nominee arrangement

5. Trust Property: Defines and describes the assets held in trust

6. Trustee Powers and Duties: Outlines the specific powers and obligations of the nominee trustee, including compliance with the Trusts Act 2019

7. Rights and Obligations of the Appointer: Details the rights retained by the appointer and their ongoing obligations

8. Administration of Trust: Procedures for managing the trust, including record-keeping and reporting requirements

9. Liability and Indemnification: Defines the scope of trustee liability and indemnification provisions

10. Remuneration: Sets out any fees or compensation for the nominee trustee

11. Duration and Termination: Specifies the trust term and circumstances for termination

12. Governing Law and Jurisdiction: Confirms New Zealand law applies and specifies jurisdiction for disputes

Optional Sections

1. Investment Powers: Detailed investment guidelines and restrictions, required when trust property includes investment assets

2. Delegation Powers: Provisions for delegation of trustee duties, useful for corporate trustees or complex arrangements

3. Conflict Resolution: Specific procedures for resolving disputes, recommended for high-value or complex arrangements

4. Change of Trustee: Procedures for trustee retirement and appointment, important for long-term arrangements

5. Anti-Money Laundering Compliance: Specific AML/CFT obligations and procedures, required when dealing with financial assets or reporting entities

6. Foreign Investment Provisions: Additional provisions required when trust property includes foreign assets or involves overseas parties

Suggested Schedules

1. Schedule 1 - Trust Property: Detailed inventory of assets held in trust, including relevant registration numbers or identifiers

2. Schedule 2 - Trustee Powers: Comprehensive list of specific powers granted to the trustee

3. Schedule 3 - Fee Schedule: Detailed breakdown of trustee fees and charges

4. Schedule 4 - Reporting Requirements: Specific reporting obligations and templates

5. Appendix A - Operating Procedures: Day-to-day administrative procedures and processes

6. Appendix B - Compliance Checklist: Checklist of regulatory compliance requirements

7. Appendix C - Forms: Standard forms for trust administration, including transfer forms and beneficiary nominations

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

Real Estate

Investment Management

Private Wealth Management

Corporate Services

Legal Services

Trust Administration

Asset Management

Property Development

Family Office Services

Relevant Teams

Legal

Compliance

Trust Administration

Asset Management

Investment

Corporate Services

Risk Management

Wealth Management

Property Management

Financial Advisory

Relevant Roles

Trust Manager

Legal Counsel

Corporate Trustee

Compliance Officer

Financial Advisor

Asset Manager

Trust Administrator

Property Manager

Investment Manager

Wealth Manager

Company Secretary

Risk Manager

Trust Accountant

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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