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Investment Trust Contract Template for New Zealand

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Key Requirements PROMPT example:

Investment Trust Contract

"I need an Investment Trust Contract for a family investment vehicle to be established by March 2025, focusing on sustainable and ethical investments in the New Zealand property market, with specific provisions for intergenerational wealth transfer."

Document background
The Investment Trust Contract serves as the foundational document for establishing and operating investment trusts in New Zealand. It is primarily used when creating a trust structure for managing investment assets, whether for private wealth, collective investments, or institutional purposes. The document incorporates requirements from New Zealand's trust and financial markets legislation, including the Trusts Act 2019 and Financial Markets Conduct Act 2013. It details the trust's structure, governance, investment parameters, and operational procedures while ensuring compliance with regulatory requirements. This contract type is essential for trustees, investment managers, and other stakeholders involved in trust-based investment vehicles in New Zealand.
Suggested Sections

1. Parties: Identification of the trustee(s), settlor, and any initial beneficiaries

2. Background: Context of the trust establishment and its purpose

3. Definitions: Definitions of key terms used throughout the document

4. Trust Establishment: Formation of the trust and declaration of trust property

5. Trust Purpose: Specific investment objectives and scope of the trust

6. Trustee Powers and Duties: Comprehensive list of trustee powers and obligations under NZ law

7. Investment Parameters: Investment guidelines, restrictions, and permitted asset classes

8. Beneficiary Rights: Rights of beneficiaries including distribution policies

9. Trust Administration: Administrative procedures, decision-making processes, and record-keeping requirements

10. Compliance Requirements: Regulatory compliance obligations including AML/CFT requirements

11. Financial Reporting: Requirements for financial statements and reporting to beneficiaries

12. Term and Termination: Duration of the trust and circumstances for termination

13. Variation of Trust: Procedures for amending trust terms

14. Governing Law: Confirmation of New Zealand law as governing law and jurisdiction

Optional Sections

1. Investment Committee: Structure and powers of an investment committee, if established

2. External Manager Provisions: Terms for appointment and oversight of external investment managers

3. Unit Structure: If the trust is unit-based, provisions for unit calculations and transfers

4. Distribution Committee: Terms for a committee overseeing benefit distributions, if required

5. Environmental, Social and Governance (ESG) Policy: Specific ESG investment criteria and reporting requirements

6. Foreign Investment Provisions: Special provisions for overseas investments and compliance

7. Dispute Resolution: Detailed dispute resolution procedures beyond standard provisions

Suggested Schedules

1. Schedule 1: Initial Trust Property: Details of initial assets settled on the trust

2. Schedule 2: Investment Policy Statement: Detailed investment guidelines and restrictions

3. Schedule 3: Trustee Remuneration: Fee structure and payment terms for trustees

4. Schedule 4: Beneficiary Details: Full list of initial beneficiaries and their entitlements

5. Schedule 5: Administrative Procedures: Detailed operational procedures and requirements

6. Schedule 6: Compliance Framework: Detailed compliance requirements and procedures

7. Appendix A: Forms and Certificates: Standard forms for trust administration

8. Appendix B: Risk Management Framework: Detailed risk management policies and procedures

Authors

Alex Denne

Head of Growth (Open Source Law) @ ºÚÁÏÊÓÆµ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions

















































Clauses



































Relevant Industries

Financial Services

Investment Management

Wealth Management

Private Banking

Professional Services

Legal Services

Asset Management

Trust Services

Family Office Services

Relevant Teams

Legal

Compliance

Investment Management

Trust Administration

Risk Management

Wealth Management

Financial Advisory

Portfolio Management

Trust Services

Corporate Services

Relevant Roles

Trust Manager

Investment Manager

Legal Counsel

Compliance Officer

Financial Adviser

Trust Administrator

Portfolio Manager

Risk Manager

Wealth Manager

Trust Accountant

Investment Director

Trustee Services Manager

Family Office Manager

Industries








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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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