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Trust Memorandum Of Association Template for England and Wales

A Trust Memorandum of Association is a foundational document under English and Welsh law that establishes the framework for a trust company. It sets out the company's name, registered office, objects, and powers of trustees, while defining the relationship between trustees, beneficiaries, and other stakeholders. The document must comply with both the Companies Act 2006 and Trust Law principles, ensuring proper governance and administration of the trust's assets.

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What is a Trust Memorandum Of Association?

The Trust Memorandum of Association serves as the constitutional document for trust companies in England and Wales, required when establishing a formal trust structure within a corporate framework. This document combines elements of both company and trust law, providing the legal foundation for the trust's operation. It outlines the trust's purposes, powers, and administrative framework while ensuring compliance with the Companies Act 2006 and relevant trust legislation. The document is particularly crucial when creating structured trust arrangements, charitable foundations, or professional trust services.

What sections should be included in a Trust Memorandum Of Association?

1. Company Name: Statement of the company's registered name

2. Registered Office: Statement of the company's registered office location

3. Objects: Purpose and objectives of the trust

4. Trustee Powers: Enumeration of powers granted to trustees

5. Beneficiary Provisions: Details of beneficiaries and their rights

6. Administrative Provisions: Procedures for trust administration

What sections are optional to include in a Trust Memorandum Of Association?

1. Investment Powers: Specific investment authorities and restrictions - include when trust involves significant investment activities

2. Charitable Purposes: Specific charitable objectives and activities - include when establishing a charitable trust

3. Delegation Powers: Provisions for delegation of trustee duties - include when trustees need ability to delegate responsibilities

What schedules should be included in a Trust Memorandum Of Association?

1. Schedule 1 - Initial Trust Property: Schedule of assets initially settled in the trust

2. Schedule 2 - Trustee Appointment Procedures: Detailed procedures for appointing and removing trustees

3. Schedule 3 - Investment Guidelines: Detailed investment policies and restrictions

4. Schedule 4 - Administrative Procedures: Detailed operational procedures and requirements

Authors

Alex Denne

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

Jurisdiction

England and Wales

Publisher

Genie AI

Cost

Free to use

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