The Registered Trust Deed is a crucial legal instrument in South African trust law that formally establishes a trust arrangement. This document is essential when individuals or organizations wish to create a trust structure for various purposes, including estate planning, asset protection, charitable endeavors, or business operations. The deed must comply with the Trust Property Control Act and requires registration with the Master of the High Court. It typically includes comprehensive details about trust property, governance structure, trustee powers, beneficiary rights, and distribution mechanisms. The Registered Trust Deed serves as the founding document and primary reference point for all trust operations and decision-making throughout the trust's existence.
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1. Parties: Identifies the Founder/Donor, initial Trustees, and initial Beneficiaries with their full details
2. Introduction/Background: Sets out the Founder's intention to create the trust and its purpose
3. Definitions and Interpretation: Defines key terms used in the deed and interpretation rules
4. Formation of Trust: Establishes the trust, states its name, and declares its irrevocability
5. Trust Property: Describes initial trust property/capital and provisions for additional contributions
6. Trust Object and Purpose: States the main objectives and purpose of the trust
7. Powers and Duties of Trustees: Comprehensive list of trustees' powers and duties in managing the trust
8. Appointment and Removal of Trustees: Procedures for appointing new trustees and circumstances for removal
9. Trustees' Meetings and Decisions: Rules for conducting meetings and making decisions
10. Rights and Obligations of Beneficiaries: Defines beneficiaries' rights to income/capital and related conditions
11. Trust Administration: General administrative provisions including financial management
12. Amendment of Trust Deed: Procedures and limitations for amending the trust deed
13. Termination of Trust: Circumstances and procedures for trust termination and asset distribution
1. Charitable Purposes: Required for charitable trusts, detailing specific charitable objectives and activities
2. Business Operations: For business trusts, includes provisions for commercial activities and operations
3. Remuneration of Trustees: Included when trustees will be compensated for their services
4. Special Powers: Additional powers for specific circumstances or activities
5. Dispute Resolution: Detailed procedures for resolving disputes between trustees or beneficiaries
6. Investment Guidelines: Specific investment policies and restrictions
7. Foreign Assets: Special provisions for trusts holding overseas assets
8. Minor Beneficiaries: Special provisions for protecting and managing benefits for minors
1. Schedule A - Initial Trust Property: Detailed list and description of initial trust assets
2. Schedule B - Initial Beneficiaries: Complete list of initial beneficiaries and their benefit entitlements
3. Schedule C - First Trustees: Details of first appointed trustees including contact information
4. Schedule D - Distribution Policy: Specific rules and formulas for income/capital distributions
5. Schedule E - Investment Policy: Detailed investment guidelines and restrictions
6. Schedule F - Administrative Procedures: Detailed administrative procedures and requirements
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