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Trust Deed Variation To Exclude Foreign Beneficiaries Template for Australia

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Key Requirements PROMPT example:

Trust Deed Variation To Exclude Foreign Beneficiaries

"I need a Trust Deed Variation To Exclude Foreign Beneficiaries for our family property trust that holds significant agricultural assets in Western Australia, ensuring compliance with recent foreign investment regulations while maintaining existing domestic beneficiary arrangements."

Document background
The Trust Deed Variation To Exclude Foreign Beneficiaries is a critical document used when trustees need to modify existing trust structures to restrict foreign beneficiaries, often in response to regulatory requirements or strategic planning needs. This variation has become increasingly important in Australia due to enhanced foreign investment regulations and changes in property ownership rules. The document is typically required when trusts hold or plan to hold significant Australian assets, particularly real estate, or when seeking to ensure compliance with Australian foreign investment laws. It includes specific provisions aligned with the Foreign Acquisitions and Takeovers Act 1975 and related legislation, making it particularly relevant for family trusts, property investment trusts, and business structures seeking to maintain domestic control. The variation must comply with both federal regulations and state-specific trust laws, requiring careful consideration of multiple jurisdictional requirements.
Suggested Sections

1. Parties: Identifies the current trustee(s) and any other parties involved in executing the variation

2. Background: Recitals explaining the existing trust deed, reason for variation, and context for excluding foreign beneficiaries

3. Definitions: Key terms including 'Foreign Person', 'Excluded Beneficiaries', 'Variation Date', and other relevant definitions

4. Authority to Vary: Clause confirming the power to vary the trust deed and compliance with original trust deed requirements

5. Variation Details: Specific amendments to exclude foreign beneficiaries, including exact clauses being varied

6. Definition of Foreign Beneficiaries: Detailed definition of who constitutes a foreign beneficiary, aligned with relevant legislation

7. Implementation: Practical operation of the variation including timing and transition provisions

8. Confirmation of Other Terms: Confirmation that all other terms of the original trust deed remain unchanged

9. Governing Law: Specification of the applicable Australian state/territory law

10. Execution: Formal execution blocks for all required parties

Optional Sections

1. Trustee Declarations: Additional declarations by trustee regarding the effect of the variation, used when specific confirmations are required by third parties

2. Foreign Investment Review Board Provisions: Specific provisions relating to FIRB requirements, needed when the trust holds significant assets

3. Tax Declarations: Specific tax-related declarations, used when the variation has significant tax implications

4. Consent of Appointor: Section for appointor's consent, required if the trust deed requires appointor approval for variations

5. Consent of Principal/Guardian: Required if the trust deed requires principal or guardian approval for variations

6. Regulatory Compliance: Additional compliance provisions, needed for regulated trusts or when holding regulated assets

Suggested Schedules

1. Schedule 1 - Original Trust Deed: Copy or reference to the original trust deed being varied

2. Schedule 2 - Previous Variations: Copies or references to any previous variations to the trust deed

3. Schedule 3 - Foreign Person Test Criteria: Detailed criteria for determining foreign person status

4. Appendix A - Consent Forms: Standard forms for required consents from relevant parties

5. Appendix B - Certificate of Independent Legal Advice: Where required, certificates confirming independent legal advice received by parties

Authors

Alex Denne

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

Relevant legal definitions




































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Relevant Industries

Financial Services

Property & Real Estate

Investment Management

Professional Services

Agriculture & Farming

Mining & Resources

Family Business

Wealth Management

Private Banking

Legal Services

Relevant Teams

Legal

Compliance

Wealth Management

Corporate Services

Trust Administration

Risk Management

Property

Tax Advisory

Investment

Private Client Services

Relevant Roles

Trust Lawyer

Estate Planning Attorney

Property Lawyer

Corporate Counsel

Tax Advisor

Wealth Manager

Trust Administrator

Compliance Officer

Legal Director

Company Secretary

Private Client Advisor

Family Office Manager

Trust Manager

Investment Manager

Industries







Teams

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