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Business Trust Deed
"I need a Business Trust Deed for a family-owned real estate investment company in Ontario, with provisions for multiple classes of beneficiaries and specific powers for property development and management, to be effective from March 1, 2025."
1. Parties: Identifies and defines the Settlor, Trustee(s), and initial Beneficiaries
2. Background: Sets out the context and purpose of establishing the business trust
3. Definitions and Interpretation: Defines key terms used throughout the deed and interpretation rules
4. Declaration of Trust: Formal establishment of the trust and transfer of initial trust property
5. Trust Name and Duration: Specifies the trust's name and period of operation
6. Trust Property: Details the initial and future trust property and how it may be dealt with
7. Trustee Powers and Duties: Comprehensive list of trustee powers and obligations in managing the trust
8. Business Operations: Framework for conducting business activities and operational parameters
9. Management Structure: Outlines the management hierarchy and decision-making processes
10. Beneficiary Rights and Interests: Defines beneficiary entitlements, rights, and restrictions
11. Income and Capital Distribution: Rules for distributing trust income and capital to beneficiaries
12. Trust Units: Structure and terms of trust units if applicable
13. Meetings and Resolutions: Procedures for trustee and beneficiary meetings and decision-making
14. Accounts and Audit: Requirements for financial record-keeping and audit procedures
15. Amendment of Trust Deed: Process and limitations for amending the trust deed
16. Termination and Winding Up: Circumstances and procedures for terminating the trust
1. Investment Committee: Required when the trust has a formal investment committee structure for managing investments
2. Advisory Board: Include when the trust establishes an advisory board for guidance on business operations
3. Foreign Beneficiaries: Required when the trust has or may have foreign beneficiaries, addressing specific requirements and restrictions
4. Environmental Obligations: Include for trusts operating in environmentally sensitive industries
5. Employee Profit Sharing: Required when the trust includes employee profit-sharing arrangements
6. Competing Business Restrictions: Include when there are restrictions on trustees or beneficiaries engaging in competing businesses
7. Digital Assets: Required when the trust holds or deals with digital assets or cryptocurrencies
8. Intellectual Property: Include when the trust holds or manages intellectual property assets
1. Schedule 1 - Initial Trust Property: Detailed list and description of initial assets transferred to the trust
2. Schedule 2 - Initial Beneficiaries: List of initial beneficiaries and their respective interests
3. Schedule 3 - Trustee Remuneration: Details of trustee fees and compensation structure
4. Schedule 4 - Investment Guidelines: Specific investment policies and restrictions
5. Schedule 5 - Business Plan: Initial business plan and operational strategy
6. Schedule 6 - Unit Holders Register: Format and requirements for maintaining the register of unit holders
7. Schedule 7 - Meeting Procedures: Detailed procedures for conducting meetings and voting
8. Appendix A - Compliance Requirements: Summary of relevant regulatory compliance obligations
9. Appendix B - Pro Forma Financial Statements: Templates for required financial reporting
Authors
Real Estate & Property
Investment Management
Financial Services
Natural Resources
Energy
Infrastructure
Healthcare
Technology
Manufacturing
Retail & Commercial
Agriculture
Professional Services
Family Business
Legal
Finance
Compliance
Tax
Operations
Risk Management
Investment Management
Asset Management
Corporate Governance
Administration
Business Development
Property Management
Chief Executive Officer
Chief Financial Officer
General Counsel
Corporate Secretary
Trust Administrator
Compliance Officer
Investment Manager
Asset Manager
Financial Controller
Tax Director
Business Development Manager
Operations Director
Risk Manager
Property Manager
Corporate Trustee
Trust Manager
Legal Counsel
Financial Advisor
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