A Trust Management Agreement is essential when establishing a professional trust relationship in the Philippines, where a licensed trust entity manages assets on behalf of individuals or corporations. This document is used when clients seek professional management of their assets while maintaining specific investment objectives and guidelines. The agreement must comply with strict regulatory requirements set by the Bangko Sentral ng Pilipinas (BSP) and the General Banking Law of 2000. It includes comprehensive details about asset management, investment policies, risk disclosures, reporting requirements, and fee structures. The document is particularly relevant for high-net-worth individuals, corporations, and institutions seeking professional trust services within the Philippine banking system.
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1. Parties: Identifies the trust company (Trustee) and the client (Trustor/Beneficiary), including their complete legal names, addresses, and corporate details
2. Background: Establishes the context of the agreement, including the Trustor's intention to create a trust and the Trustee's authority to act as a trust entity under Philippine law
3. Definitions: Defines key terms used throughout the agreement, including technical banking and trust-related terminology
4. Appointment of Trustee: Formal appointment of the Trustee and acceptance of the trust, specifying the nature of the trust relationship
5. Trust Property: Detailed description of the assets being placed in trust, including the manner and timing of transfers
6. Powers and Duties of Trustee: Comprehensive outline of the Trustee's authority and responsibilities in managing the trust assets
7. Investment Guidelines: Specific parameters and restrictions for investment of trust assets, complying with BSP regulations
8. Fees and Expenses: Details of trustee fees, management charges, and other applicable expenses
9. Reporting and Accounting: Requirements for periodic reporting, accounting, and audit of trust activities
10. Risk Disclosure: Mandatory disclosure of investment risks and market fluctuations as required by Philippine regulations
11. Term and Termination: Duration of the agreement and circumstances under which it may be terminated
12. Governing Law and Jurisdiction: Specification of Philippine law as governing law and jurisdiction for disputes
13. Representations and Warranties: Standard declarations by both parties regarding their capacity and authority
14. Confidentiality: Provisions for maintaining confidentiality of trust information and client data
15. Amendments: Process for modifying the agreement terms
1. Co-Trustee Provisions: Required when multiple trustees are appointed to manage the trust
2. Special Investment Provisions: Needed for specific investment strategies or unusual asset classes
3. Foreign Currency Provisions: Required when trust assets include foreign currency investments
4. Tax Considerations: Detailed tax provisions when specific tax structuring is required
5. Digital Asset Management: Required when trust includes digital assets or cryptocurrencies
6. Successor Trustee: Provisions for appointment of successor trustee in specific circumstances
7. Force Majeure: Extended provisions for unforeseen circumstances affecting trust management
1. Schedule A - Trust Property: Detailed inventory of initial trust assets and their valuations
2. Schedule B - Fee Schedule: Comprehensive breakdown of all fees, charges, and computation methods
3. Schedule C - Investment Guidelines: Detailed investment parameters, restrictions, and allowed asset classes
4. Schedule D - Authorized Signatories: List of authorized persons who can give instructions on behalf of the Trustor
5. Schedule E - Reporting Requirements: Specific format and frequency of reports to be provided
6. Appendix 1 - KYC Documentation: Required know-your-client documentation and compliance forms
7. Appendix 2 - Risk Disclosure Statement: Detailed risk warnings and acknowledgments as required by BSP regulations
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