The Master Trust Deed serves as the foundational document for establishing and operating trust arrangements in Hong Kong's legal framework. It is typically used when setting up collective investment schemes, pension funds, employee benefit schemes, or other trust-based arrangements that require a robust governance structure. The document comprehensively addresses all aspects of trust administration, from trustee appointments to investment powers, while ensuring compliance with Hong Kong regulatory requirements, particularly under the Trustee Ordinance and Securities and Futures Ordinance. This Master Trust Deed is essential for financial institutions, corporate trustees, and other entities operating trust structures in Hong Kong, providing the legal basis for their operations and protecting the interests of all parties involved.
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1. Parties: Identification of the trustee, settlor, and other key parties to the trust deed
2. Background: Context of the trust establishment and its purpose
3. Definitions and Interpretation: Comprehensive definitions of terms used throughout the deed and interpretation rules
4. Declaration of Trust: Formal establishment of the trust and its basic terms
5. Trust Powers and Duties: Core powers and duties of the trustee in managing the trust
6. Investment Powers: Specific powers relating to investment of trust assets
7. Appointment and Removal of Trustees: Procedures for changing trustees and related matters
8. Trustee Remuneration and Expenses: Provisions for trustee compensation and reimbursement
9. Trustee Liability and Indemnification: Scope of trustee liability and protection provisions
10. Trust Administration: Day-to-day operational requirements and procedures
11. Compliance and Reporting: Regulatory compliance obligations and reporting requirements
12. Amendment Provisions: Procedures for modifying the trust deed
13. Termination Provisions: Circumstances and procedures for trust termination
14. Governing Law and Jurisdiction: Legal framework and dispute resolution provisions
1. Unit Trust Provisions: Required for unit trusts, including unit issuance, pricing, and unitholder rights
2. Pension Scheme Provisions: Required for pension trusts, including benefit calculations and payment terms
3. Investment Committee: When an investment committee is to be established to oversee investments
4. Custodian Provisions: When a separate custodian is appointed to hold trust assets
5. Sub-Trust Provisions: When the structure allows for creation of sub-trusts
6. Foreign Investment Provisions: When trust may invest in overseas assets
7. Special Powers: Any unique powers required for specific trust purposes
8. Employee Benefit Provisions: For trusts established as part of employee benefit schemes
9. Environmental, Social and Governance Provisions: When ESG considerations are to be incorporated into trust management
1. Trust Property Schedule: Details of initial trust property and assets
2. Trustee Powers Schedule: Detailed list of specific trustee powers
3. Fee Schedule: Detailed breakdown of all fees and charges
4. Operating Procedures: Detailed administrative and operational procedures
5. Forms and Certificates: Standard forms for trust administration
6. Meeting Procedures: Procedures for trustee and committee meetings
7. Valuation Rules: Detailed rules for valuing trust assets
8. Distribution Rules: Specific rules governing distributions from the trust
9. Compliance Procedures: Detailed compliance and reporting procedures
Authors
Relevant legal definitions
Clauses
Relevant Industries
Financial Services
Banking
Asset Management
Investment Funds
Pension Funds
Insurance
Real Estate
Private Wealth Management
Corporate Services
Employee Benefits
Securities and Investment
Trust Services
Relevant Teams
Legal
Compliance
Trust Administration
Operations
Risk Management
Investment Management
Finance
Company Secretariat
Regulatory Affairs
Client Services
Fund Administration
Portfolio Management
Relevant Roles
Trust Manager
Compliance Officer
Legal Counsel
Company Secretary
Fund Manager
Investment Director
Risk Manager
Operations Manager
Trustee Director
Finance Director
Pension Administrator
Wealth Manager
Portfolio Manager
Trust Administrator
Regulatory Affairs Officer
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