A Trust Fund Agreement is essential for establishing and managing trust arrangements under Irish law. This document is used when individuals or entities wish to create a legal structure for holding and managing assets for the benefit of others. The agreement must comply with Irish trust law, including the Trustee Act 1893 and modern financial regulations. It's particularly relevant for estate planning, wealth management, charitable purposes, and family asset protection. The Trust Fund Agreement details crucial elements such as trust property, trustee powers, beneficiary rights, investment guidelines, and distribution mechanisms. It's commonly used by private clients, financial institutions, and charitable organizations to ensure proper governance and administration of trust assets while meeting regulatory requirements.
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1. Parties: Identifies the Settlor(s), Trustee(s), and any Protector(s) of the trust
2. Background: Sets out the context and purpose for establishing the trust
3. Definitions: Defines key terms used throughout the agreement
4. Declaration of Trust: Formal establishment of the trust and transfer of initial trust property
5. Trust Purpose: Clear statement of the trust's objectives and intended beneficiaries
6. Powers and Duties of Trustees: Comprehensive outline of trustees' authorities and responsibilities
7. Trust Property Administration: Rules for managing, investing, and distributing trust assets
8. Beneficiary Rights and Interests: Details of beneficiaries' entitlements and distribution provisions
9. Duration and Termination: Term of the trust and circumstances for termination
10. Appointment and Removal of Trustees: Process for changing trustees and minimum number requirements
11. Trustee Remuneration: Terms of trustee compensation and expense reimbursement
12. Governing Law and Jurisdiction: Confirmation of Irish law application and jurisdiction
1. Protector Provisions: Include when a trust protector is appointed to oversee trustees
2. Charitable Purposes: Required for charitable trusts to ensure compliance with Charities Act 2009
3. Investment Committee: Include when establishing a formal investment committee structure
4. Foreign Asset Provisions: Required when trust holds non-Irish assets
5. Tax Planning Provisions: Include specific tax planning mechanisms if required
6. Letter of Wishes: Non-binding guidance from settlor to trustees
7. Conflict Resolution: Specific dispute resolution procedures beyond court jurisdiction
8. Privacy and Confidentiality: Enhanced confidentiality provisions beyond standard requirements
1. Schedule 1 - Initial Trust Property: Detailed inventory of assets initially settled into the trust
2. Schedule 2 - Beneficiary Details: Full list of beneficiaries and their respective interests
3. Schedule 3 - Investment Guidelines: Specific investment parameters and restrictions
4. Schedule 4 - Trustee Powers: Detailed enumeration of specific trustee powers
5. Schedule 5 - Fee Schedule: Detailed breakdown of trustee fees and charging structure
6. Schedule 6 - Distribution Policy: Specific rules and procedures for trust distributions
7. Appendix A - KYC Requirements: Anti-money laundering and due diligence requirements
8. Appendix B - Tax Declarations: Required tax forms and declarations
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