UNIT TRUST DEED
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Unit Trust Deed
A unit trust (definition) is a portfolio of stocks, bonds, property, cash or other asset classes, chosen by professional fund managers according to themes and styles of investing. A unit trust is an unincorporated mutual fund structure that allows funds to hold assets and provide profits that go straight to individual unit owners instead of reinvesting them back into the fund.
A Unit Trust Deed is between Unit Holders in a Unit Trust. Where a Unit Trust is used, it is normally accompanied by a Unit Holder’s Agreement.
Your Unit Trust Deed Template Includes:-
- CONTENTS
- 1 Definitions & Interpretation
- 2 Trust
- 3 Beneficial interest of unit holders
- 4 Issue and classification of units
- 5 Register of unit holders
- 6 Certificates
- 7 Redemption of units
- 8 Transfer of units
- 9 Transmission of units
- 10 Income and capital
- 11 Categories of income and capital
- 12 Distribution to unit holders
- 13 Statements and accounts
- 14 Appointment and removal of trustee
- 15 Variation of trust
- 16 Modification of class rights
- 17 Provisions relating to trustee
- 18 Meetings of unit holders
- 19 Limitation on liability of unit holders
- 20 Investment powers
- 21 General powers
- 22 Termination of trust
- 23 Notices and service
- 24 General Provisions
The Unit Trust Deed contains 33 pages.
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Most trusts are created for clients by the execution of a deed of trust by the trustee, the deed setting out the express terms of the trust, and by the “settlement” on the trustee of a nominal sum, say $10, by the “settlor”, who is also a party to the deed. It is common practice for a trust to be established by the settlement of a nominal sum, say $10, with the trustee on the creation of the trust while the other assets of the trust are transferred later by way of purchase, with the necessary funds being loaned to the trust for the purpose. The reason it is done this way is to minimise (stamp) Duty.
Unit Trusts
The flexibility of a unit trust often results in its choice as the preferred structure for many commercial ventures where the units are generally held by the trustee of each investor’s family discretionary trust.
A unit trust created by the precedent is created by a deed between a trustee and the “initial unit holder” who contributes an amount of money which establishes the trust and creates units held by the initial unit holder. Thereafter, units can be issued to the other investors. There must be no more than 20 unit holders. Under s 601ED of the Corporations Act 2001 (Cth), the unit trust must be a registered managed investment scheme if there are more than 20 unit holders.
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