The Master Trust Deed is a crucial document in Malaysian financial and investment structures, serving as the primary governing document for trust arrangements. It is typically used when establishing unit trust funds, real estate investment trusts (REITs), corporate trust arrangements, or other collective investment schemes. The document must comply with Malaysian legislation, including the Trustees Act 1949, Capital Markets and Services Act 2007, and relevant Securities Commission guidelines. The Master Trust Deed comprehensively details the trust's structure, management, investment parameters, operational procedures, and the rights and obligations of all parties involved. It can accommodate both conventional and Islamic finance structures, making it versatile for Malaysia's dual financial system.
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1. Parties: Identifies the key parties including the Trustee, Manager/Issuer, and any other relevant parties
2. Background: Sets out the context and purpose of establishing the trust
3. Definitions and Interpretation: Comprehensive definitions of terms used throughout the deed and interpretation rules
4. Establishment of Trust: Legal provisions establishing the trust, including its name, nature, and commencement
5. Declaration of Trust: Formal declaration by the Trustee to hold assets on trust
6. Trust Property: Definition and description of the trust property/assets
7. Powers and Duties of Trustee: Detailed outline of trustee's powers, responsibilities, and obligations
8. Powers and Duties of Manager: Comprehensive outline of manager's roles, responsibilities, and authority
9. Investment Powers and Restrictions: Investment parameters, restrictions, and guidelines
10. Fees and Expenses: Details of all fees, charges, and expense arrangements
11. Indemnities and Limitations of Liability: Scope of indemnities and liability limitations for parties
12. Meetings of Unit Holders: Procedures for conducting meetings and voting rights
13. Auditor and Accounts: Requirements for financial reporting and auditing
14. Notices: Communication procedures between parties
15. Amendments to Trust Deed: Procedures for modifying the trust deed
16. Termination and Winding Up: Circumstances and procedures for terminating the trust
17. Governing Law and Jurisdiction: Applicable law and jurisdiction for dispute resolution
1. Islamic Finance Compliance: Required when the trust needs to comply with Shariah principles
2. Foreign Investment Provisions: Include when trust involves cross-border investments or foreign investors
3. Multiple Sub-Funds Structure: Required when the trust allows for multiple sub-funds or portfolios
4. ESG Requirements: Include when trust has specific environmental, social, and governance requirements
5. Special Investment Techniques: Required when trust employs derivatives, securities lending, or other complex instruments
6. Tax Provisions: Detailed tax provisions when trust has specific tax structuring requirements
7. Retirement and Appointment of New Trustee/Manager: Detailed procedures when specific succession planning is required
1. Schedule 1 - Trust Property: Detailed description and/or list of initial trust property
2. Schedule 2 - Fees and Charges: Comprehensive breakdown of all fees, charges, and commissions
3. Schedule 3 - Meeting Procedures: Detailed procedures for convening and conducting meetings
4. Schedule 4 - Valuation Methods: Methods and procedures for valuing trust assets
5. Schedule 5 - Investment Restrictions: Detailed investment restrictions and guidelines
6. Schedule 6 - Distribution Policy: Rules and procedures for distributions to beneficiaries
7. Schedule 7 - Form of Transfer Instrument: Template forms for transferring units or interests
8. Schedule 8 - Reporting Requirements: Details of required reports and their frequency
9. Appendix A - Compliance Checklist: Regulatory compliance requirements and checklist
10. Appendix B - Key Personnel: Details of key personnel and their roles
11. Appendix C - Service Providers: List of appointed service providers and their roles
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