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Amended And Restated Trust Agreement
"I need an Amended and Restated Trust Agreement to update our family trust deed from 2010, specifically to include cryptocurrency investment powers and to add provisions for foreign beneficiaries, with the changes to take effect from March 2025."
1. Parties: Identifies all parties to the agreement including the settlor, trustee(s), and any protector or appointor
2. Background: Recitals explaining the original trust creation, reason for amendment and restatement, and confirmation of power to amend
3. Definitions: Comprehensive definitions of terms used throughout the agreement
4. Amendment and Restatement: Declaration that this document amends and restates the original trust deed in its entirety
5. Trust Name and Duration: Specifies the formal name of the trust and its duration/vesting date
6. Appointment of Trustee: Confirms the appointment of the trustee(s) and their acceptance of the role
7. Trust Property: Describes the trust property and how additional property may be added
8. Trustee Powers: Comprehensive list of trustee powers and authority
9. Trustee Duties and Limitations: Specifies the trustee's duties, obligations, and any limitations on their powers
10. Beneficiaries: Identifies the beneficiaries and their respective interests
11. Distribution Provisions: Details how and when trust income and capital may be distributed
12. Administrative Provisions: Covers trust administration, record-keeping, and reporting requirements
13. Trustee Remuneration: Specifies fees and expenses payable to trustees
14. Trustee Indemnity: Provisions for trustee indemnification and limitation of liability
15. Amendment Provisions: Procedures for future amendments to the trust deed
16. Termination: Circumstances and procedures for trust termination
17. Governing Law: Specifies Australian law as governing law and relevant jurisdiction
1. Foreign Investment Provisions: Required when trust may hold foreign investments or have foreign beneficiaries
2. Corporate Trustee Provisions: Additional provisions specific to corporate trustees
3. Investment Strategy: Detailed investment powers and restrictions beyond standard trustee powers
4. Multiple Classes of Benefits: Required when creating different classes of beneficiary interests
5. Perpetuity Period: Specific provisions regarding the trust's perpetuity period if different from statutory default
6. Tax Planning Provisions: Specific provisions designed to optimize tax treatment
7. Appointor Provisions: Required when incorporating an appointor role with power to remove/appoint trustees
8. Family Law Provisions: Specific provisions addressing family law implications
9. Business Operation Provisions: Required when trust operates a business
10. Charitable Purposes: Required for trusts with charitable elements
1. Schedule 1 - Original Trust Deed: Copy of the original trust deed being amended
2. Schedule 2 - Trust Property: Detailed inventory of current trust property
3. Schedule 3 - Beneficiaries: Complete list of beneficiaries and their respective interests
4. Schedule 4 - Powers of Investment: Detailed list of authorized investments and investment restrictions
5. Schedule 5 - Trustee Remuneration: Detailed fee structure and expense reimbursement provisions
6. Schedule 6 - Amendment History: Record of all previous amendments to the original trust deed
7. Appendix A - Execution Requirements: Specific requirements for valid execution of trustee powers
8. Appendix B - Compliance Checklist: Checklist of regulatory compliance requirements
9. Appendix C - Required Notices: Templates for required notices to beneficiaries and authorities
Authors
Financial Services
Private Wealth Management
Family Business
Real Estate
Investment Management
Professional Services
Charitable Organizations
Education
Healthcare
Agriculture
Mining and Resources
Retail
Manufacturing
Legal
Compliance
Trust Administration
Wealth Management
Tax
Finance
Risk Management
Investment
Operations
Company Secretariat
Property Management
Client Services
Trust Administrator
Legal Counsel
Corporate Trustee
Trust Manager
Wealth Manager
Financial Advisor
Tax Accountant
Estate Planning Lawyer
Compliance Officer
Company Secretary
Investment Manager
Fund Manager
Property Manager
Risk Manager
Trust Operations Manager
Family Office Manager
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