The Investment Trust Agreement serves as the foundational document for establishing and operating an investment trust under English and Welsh law. It is typically used when parties wish to create a structured investment vehicle with professional management while maintaining trustee oversight. The agreement covers essential aspects such as investment objectives, risk parameters, trustee duties, fee structures, and reporting requirements. It must comply with UK trust law, financial regulations, and FCA requirements, particularly when the trust involves regulated investment activities. This document is crucial for ensuring clear governance and protecting the interests of all parties involved.
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1. Parties: Identification of trustee(s), investment manager, and beneficiaries
2. Background: Purpose of the trust and context of the agreement
3. Definitions: Key terms used throughout the agreement
4. Trust Structure: Legal structure and nature of the trust
5. Investment Powers and Objectives: Scope of investment authority and investment goals
6. Duties of Trustees: Responsibilities and obligations of trustees
7. Management of Trust Assets: Procedures for handling and investing trust assets
8. Fees and Expenses: Cost structure and payment terms
9. Duration and Termination: Term of the trust and termination provisions
1. Delegation of Authority: Provisions governing delegation of powers to investment managers or other parties when external management is involved
2. Co-Trustee Provisions: Provisions governing multiple trustees' relationships and responsibilities when more than one trustee is appointed
3. Distribution Policy: Specific rules and procedures for income and capital distribution when detailed distribution requirements are needed
1. Investment Guidelines: Detailed investment parameters and restrictions
2. Fee Schedule: Detailed breakdown of fees and charges
3. Trust Assets: Initial list of trust assets
4. Authorized Signatories: List of persons authorized to act on behalf of the trust
5. Reporting Requirements: Format and frequency of reporting obligations
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