A Trust Management Agreement is essential when engaging professional trust management services in Australia. This document is typically used when trustees require specialized expertise in managing trust assets, ensuring regulatory compliance, and administering trust affairs. The agreement should comply with various Australian legislation including the Trustees Act (state-specific), Corporations Act 2001 (Cth), and relevant financial services regulations. It outlines comprehensive terms covering service scope, fees, reporting obligations, risk management, and operational procedures. The agreement is particularly relevant for complex trusts, regulated trust structures, or when professional trust management services are required for ensuring proper governance and compliance with Australian regulatory requirements. It provides clarity on roles, responsibilities, and accountability while protecting the interests of all parties involved in the trust arrangement.
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1. Parties: Identifies the trust manager, trustee, and any other relevant parties to the agreement
2. Background: Sets out the context of the agreement, including details of the trust and the purpose of the management arrangement
3. Definitions and Interpretation: Defines key terms used throughout the agreement and establishes interpretation principles
4. Appointment and Authority: Formal appointment of the trust manager and scope of their authority
5. Services and Obligations: Detailed description of the trust management services to be provided
6. Duties and Powers: Specific duties and powers of the trust manager in administering the trust
7. Compliance and Reporting: Obligations regarding regulatory compliance and reporting requirements
8. Fees and Expenses: Structure and payment of management fees and recovery of expenses
9. Risk Management: Risk management procedures and controls
10. Representations and Warranties: Standard representations and warranties from both parties
11. Liability and Indemnification: Extent of liability and indemnification provisions
12. Confidentiality and Privacy: Obligations regarding confidential information and personal data
13. Term and Termination: Duration of the agreement and termination provisions
14. General Provisions: Standard boilerplate clauses including governing law, notices, and dispute resolution
1. Delegation: Include when the trust manager may need to delegate certain functions to third parties
2. Investment Guidelines: Required when the trust manager has investment management responsibilities
3. Distribution Policy: Include when the trust manager has responsibilities for managing trust distributions
4. ESG Considerations: Include when environmental, social and governance factors are relevant to trust management
5. Foreign Investment Provisions: Required when the trust has international investments or overseas beneficiaries
6. Digital Assets Management: Include when the trust includes digital assets or cryptocurrency
7. Insurance Requirements: Detailed insurance obligations when specific coverage types are required
8. Dispute Resolution Procedure: Detailed dispute resolution procedures when standard provisions are insufficient
1. Schedule 1 - Trust Details: Details of the trust including trust deed date, trustees, and beneficiaries
2. Schedule 2 - Services Description: Detailed description of all management services to be provided
3. Schedule 3 - Fee Schedule: Detailed breakdown of all fees, charges, and payment terms
4. Schedule 4 - Service Levels: Performance metrics and service level requirements
5. Schedule 5 - Authorized Personnel: List of authorized representatives and their authority levels
6. Schedule 6 - Reporting Requirements: Details of required reports, frequency, and content
7. Appendix A - Compliance Checklist: Checklist of regulatory compliance requirements
8. Appendix B - Operating Procedures: Detailed operational procedures and protocols
9. Appendix C - Risk Management Framework: Detailed risk management policies and procedures
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