The Master Trust Deed serves as the primary constitutional document for establishing and operating trust arrangements in Nigeria. This document is essential when setting up collective investment schemes, unit trusts, REITs, or other trust-based investment structures under Nigerian law. The Master Trust Deed establishes the trust's legal framework, defines the roles and responsibilities of all parties, sets out investment guidelines, and ensures compliance with the Investment and Securities Act 2007 and SEC regulations. It provides comprehensive provisions for trust administration, asset management, unit issuance, investor rights, and dispute resolution. The document is particularly crucial in Nigeria's evolving financial markets, where trust structures are increasingly used for various investment and security arrangements.
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1. Parties: Identifies the Trust Company/Issuer, Trustee, and other key parties to the deed
2. Background: Sets out the context and purpose of establishing the trust arrangement
3. Definitions and Interpretation: Comprehensive definitions of terms used throughout the deed and interpretation rules
4. Establishment of Trust: Declaration of trust, trust name, and confirmation of trust acceptance
5. Appointment and Role of Trustee: Terms of trustee appointment, duties, powers, and responsibilities
6. Trust Assets: Description of trust property, acquisition and disposal rules
7. Investment Powers and Guidelines: Permitted investments, investment restrictions, and investment policy
8. Units and Unitholders: Creation, issue, and redemption of units, unitholder rights and obligations
9. Valuation and Pricing: Methods for valuing trust assets and determining unit prices
10. Fees and Expenses: All fees payable to trustees and other parties, expense allocation
11. Register of Unitholders: Maintenance and details of unitholder register
12. Meetings and Voting: Procedures for unitholder meetings and voting rights
13. Financial Statements and Audit: Requirements for financial reporting and audit
14. Modification of Trust Deed: Procedures for amending the trust deed
15. Termination and Winding Up: Circumstances and procedures for terminating the trust
16. Governing Law and Dispute Resolution: Applicable law and dispute resolution mechanisms
1. Fund Manager Provisions: Required when a separate fund manager is appointed to manage the trust assets
2. Custodian Arrangements: Required when a custodian is appointed to hold trust assets
3. Multiple Classes of Units: Required when the trust offers different classes of units with varying rights
4. Distribution Policy: Required for income-generating trusts that make regular distributions
5. Islamic Finance Compliance: Required for Shariah-compliant trust arrangements
6. Tax Considerations: Detailed tax provisions when specific tax structuring is required
7. Foreign Investment Provisions: Required when the trust involves foreign investments or investors
1. Trust Assets Schedule: Detailed listing of initial and subsequent trust assets
2. Fee Schedule: Detailed breakdown of all fees and charges
3. Investment Guidelines: Detailed investment policies and restrictions
4. Valuation Rules: Detailed methodology for asset valuation
5. Meeting Procedures: Detailed procedures for conducting unitholder meetings
6. Form of Transfer Instrument: Standard form for transferring units
7. Form of Subscription Agreement: Standard form for unit subscription
8. Form of Certificates: Specimen unit certificates if physical certificates are issued
9. KYC Requirements: Required documentation for investor verification
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