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Trust Account Agreement Template for Hong Kong

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Key Requirements PROMPT example:

Trust Account Agreement

"I need a Trust Account Agreement for a Hong Kong family office structure, where multiple family members will be beneficiaries and the trust assets will include both cash and investment portfolios, with specific investment restrictions and quarterly reporting requirements."

Document background
The Trust Account Agreement is a crucial document used when establishing and managing trust accounts in Hong Kong. It is essential for situations where assets need to be held and managed by a trustee for the benefit of specified beneficiaries, whether in personal wealth management, corporate transactions, or escrow arrangements. The agreement must comply with Hong Kong's regulatory framework, including the Trustee Ordinance (Cap. 29), Banking Ordinance (Cap. 155), and anti-money laundering regulations. This document outlines the appointment and powers of the trustee, account operation procedures, compliance requirements, reporting obligations, and termination provisions. It is particularly important for financial institutions, professional trustees, and corporate service providers operating in Hong Kong's financial sector.
Suggested Sections

1. Parties: Identification of the trustee, settlor, and beneficiaries

2. Background: Context and purpose of the trust account arrangement

3. Definitions and Interpretation: Definitions of key terms and interpretation rules

4. Appointment of Trustee: Formal appointment and acceptance of the trustee role

5. Trust Account Establishment: Details of the trust account setup and initial funding

6. Trustee Powers and Duties: Comprehensive listing of trustee's powers and obligations

7. Operation of Trust Account: Procedures for managing and operating the trust account

8. Authorized Instructions: Process for giving and accepting instructions regarding the trust account

9. Fees and Expenses: Trustee's compensation and allowable expense reimbursements

10. Reporting and Records: Requirements for account statements, reports, and record-keeping

11. Anti-Money Laundering Compliance: AML/CTF compliance requirements and procedures

12. Liability and Indemnification: Scope of trustee's liability and indemnification provisions

13. Term and Termination: Duration of the agreement and termination procedures

14. General Provisions: Standard clauses including notices, amendments, governing law

Optional Sections

1. Investment Powers: Detailed investment authority and restrictions - include if trust account involves investment activities

2. Sub-Trustees and Agents: Provisions for appointment and oversight of sub-trustees or agents - include if delegation is contemplated

3. Multiple Beneficiaries: Special provisions for managing multiple beneficiary interests - include if more than one beneficiary

4. Foreign Account Provisions: Additional provisions for foreign accounts or beneficiaries - include if international elements exist

5. Digital Access and Security: Provisions for online account access and security - include if electronic banking services are provided

6. Tax Compliance: Specific tax reporting and compliance requirements - include if special tax considerations apply

Suggested Schedules

1. Schedule 1 - Account Details: Specific details of the trust account(s) including account numbers and types

2. Schedule 2 - Fee Schedule: Detailed breakdown of all fees, charges, and compensation

3. Schedule 3 - Authorized Signatories: List of authorized signatories and their signing powers

4. Schedule 4 - Operating Procedures: Detailed procedures for day-to-day account operations

5. Schedule 5 - Reporting Templates: Templates for required reports and statements

6. Appendix A - KYC Requirements: Required know-your-customer documentation and procedures

7. Appendix B - Investment Guidelines: Detailed investment guidelines and restrictions if applicable

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













































Clauses


































Relevant Industries

Banking

Financial Services

Trust Services

Wealth Management

Asset Management

Professional Services

Corporate Services

Investment Services

Family Office Services

Private Banking

Relevant Teams

Legal

Compliance

Trust Services

Wealth Management

Operations

Risk Management

Client Services

Finance

Investment Management

Corporate Services

Relevant Roles

Trust Officer

Compliance Manager

Legal Counsel

Relationship Manager

Trust Administrator

Wealth Manager

Private Banker

Risk Manager

Company Secretary

Financial Controller

Investment Manager

Operations Manager

Account Manager

Compliance Officer

Trust Services Director

Industries







Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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