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Trust Management Unit Trust Resolution

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TRUST MANAGEMENT UNIT TRUST RESOLUTION

Trust Name:   Unit Trust ID:

WHEREAS

1. Whereas the trust identified above (the "Trust") is a unit trust formed for the benefit of its unit holders and requires appointment of a management agent to administer and oversee the day-to-day affairs of the Trust in accordance with the trust deed and the applicable rights of unit holders; and

2. Whereas the Trustee has considered the qualifications and proposed terms of engagement of the management entity and has determined that it is in the best interests of the Trust to appoint the management entity to carry out trust management functions on the terms set forth herein.

3. Whereas the Trustee desires to record and ratify the actions authorized by this Resolution and to establish the scope, payment terms, and authorities of the appointed management agent.

RESOLUTION

NOW, THEREFORE, IT IS HEREBY RESOLVED that the Trustee of the Trust hereby appoints: Management Entity Name:

SCOPE OF WORK

The Management Entity is authorized to perform, without limitation, portfolio administration, unit holder communications, accounting and reporting, collections and distributions, engagement of third-party vendors, execution of contracts on behalf of the Trust within the authorities granted herein, and such other duties as necessary to carry out ordinary course trust management subject to the fiduciary obligations of the Trustee and the terms of this Resolution.

PAYMENT TERMS

All fees payable to the Management Entity under this Resolution shall be payable from Trust assets in accordance with the Trust's governing instrument and applicable law. The Trustee shall cause timely payment in accordance with the Payment Schedule subject to available funds and any priority claims.

TERM AND TERMINATION

Term Commencement Date:   Term Expiration Date:

Either party may terminate this engagement for cause upon written notice specifying the grounds for termination with the notice period set forth above. The Trustee may also terminate without cause upon providing the notice required above. Termination does not relieve any party of obligations accrued prior to the effective date of termination.

CONFIDENTIALITY

The Management Entity and the Trustee each acknowledge that in connection with the performance of services they will receive or have access to confidential information concerning the Trust, unit holders, investments and third-party counterparties. Each party shall (a) maintain such information in strict confidence, (b) use confidential information solely for the performance of its obligations under this engagement, and (c) restrict disclosure to employees, agents or advisors who have a need to know and who are bound by confidentiality obligations no less protective than those set forth herein.

Notwithstanding the foregoing, confidential information does not include information that (i) is or becomes generally available to the public other than by breach of this clause, (ii) is or becomes available to a party on a non-confidential basis from a third party not under an obligation of confidentiality, or (iii) is required to be disclosed by law, regulation or a bona fide court or governmental order, provided the disclosing party gives prompt written notice to the other party to permit the other party to seek a protective order or other appropriate remedy.

GOVERNING LAW

This Resolution and any dispute arising out of or relating to it shall be governed by and construed in accordance with the laws of the governing jurisdiction specified above, without regard to conflict of law principles.

ENTIRE AGREEMENT

This Resolution, together with any documents executed pursuant hereto and the Trust's governing instrument, constitutes the entire agreement between the Trustee and the Management Entity with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements, understandings and communications, whether written or oral, relating to such subject matter. Any amendment to this Resolution must be in writing and signed by the Trustee and an authorized representative of the Management Entity.

CERTIFICATION OF RESOLUTION

I hereby certify that the foregoing is a true and correct copy of a Resolution duly adopted by the Trustee of the Trust named above, at a meeting of the Trustee held or by unanimous written consent on: Date Adopted:

Meeting Type: Meeting Unanimous Written Consent

The undersigned certifies that the foregoing Resolution remains in full force and effect and has not been modified or rescinded as of the date below.

Trustee - Print Name:

By:

Date:

Authorized Representative - Management Entity:

By:

Date:

Enter text✕

What a Trust Management Unit Trust Resolution Is and When It’s Used

A Trust Management Unit Trust Resolution is a formal written decision adopted by the trustee(s) or trust management committee that documents an authoritative action related to a unit trust. Typical uses include appointing or removing managers, approving distributions, authorizing investments, confirming policy changes, and delegating signing authority to officers or agents. The resolution becomes part of the trust’s corporate or trustbook records and demonstrates that the action was authorized under the trust instrument and applicable law. Properly executed resolutions protect fiduciaries by creating a clear administrative record of internal decisions.

Why a Clear Resolution Protects Trustees and Beneficiaries

A well-drafted Trust Management Unit Trust Resolution documents decision-making authority, reduces ambiguity about delegated powers, provides evidence for third parties and custodians, and helps limit fiduciary liability by showing that actions followed the trust’s procedures and governing law.

Why a Clear Resolution Protects Trustees and Beneficiaries

Who Typically Prepares and Signs These Resolutions

Common preparers include in-house trust officers, corporate counsels, independent trustees, and fiduciary administrators responsible for trust governance.

  • Trustees and trust committees: Draft and adopt resolutions to effect governance decisions, delegate authority, and record actions.
  • Trust company operations: Create administrative resolutions for account signatories, investment approvals, and beneficiary distributions.
  • Corporate counsel and compliance teams: Review language for conformity with trust instrument, state law, and regulatory obligations.

Distribution usually follows to the trust record book, custodians, beneficiaries, and any regulated counterparties that rely on the authority granted.

Primary Signatories and Their Roles

Independent Trustee

An independent trustee approves resolutions that alter management or distribution practices; their signature demonstrates an unaffiliated exercise of fiduciary duty and can reassure beneficiaries and custodians when changes affect control or asset handling.

Trust Company COO

The trust company chief operations officer or authorized officer typically signs operational resolutions to implement policy, appoint administrators, or confirm delegated signing authority for account-level transactions and custodial instructions.

Core Elements to Include in a Professional Resolution

A clear resolution contains identity details, a concise description of the action authorized, an effective date, explicit delegation language if applicable, signature blocks with printed names and titles, and references to the trust instrument authority that supports the decision.

Trust Identification

Full trust name, trust date, and any trust ID used by the trustee or custodian.

Authority Basis

Citation to the trust instrument clause or governing statute authorizing the action.

Resolution Text

Plain-language statement describing the precise action being authorized or ratified.

Effective Date

Specific MM/DD/YYYY date when the resolution takes effect or when actions should be executed.

Signature Blocks

Printed names, titles, signature lines, and dates for each authorized signer.

Distribution List

Who receives copies (trust file, custodian, beneficiaries, counsel).

Step-by-Step: Create, Approve, and Record the Resolution

Follow a consistent sequence to ensure validity: draft using the trust instrument, obtain required approvals, execute with appropriate authentication, and distribute to stakeholders.

  • 01
    Drafting: Draft the resolution referencing the trust instrument and state law for authority.
  • 02
    Review: Have counsel or compliance review for fiduciary and tax implications.
  • 03
    Execution: Sign by authorized parties; notarize or use RON if required by custodian.
  • 04
    Recordkeeping: File the resolution in the trust record book and send certified copies to custodians/beneficiaries.

Where Completed Resolutions Are Sent and Stored

After execution, route certified copies to internal and external stakeholders according to the distribution list, ensuring custodians and beneficiaries receive proof of authority.

  • Trust Record Book: Primary repository for original signed and dated resolution.
  • Custodian / Bank: Provide a certified copy to update account signatories or asset instructions.
  • Beneficiaries: Notify materially affected beneficiaries per trust communication policy.
  • Legal Counsel: Retain a copy with counsel for dispute defense and regulatory review.

Typical Digital Workflow Settings for Online Completion

Set up a digital workflow that mirrors the paper process and preserves an auditable trail for every signer and action.

Field Configuration
Document Upload PDF or DOCX; keep unflattened copy for audit trail.
Signer Authentication Email + optional SMS code or advanced verification for higher-risk transactions.
Conditional Fields Use conditional fields to show officer-specific delegations only when applicable.
Notary / RON Setting Enable remote notarization workflow where accepted; record audio-video as required.

Technical Requirements for eSigning and Secure Distribution

Ensure the chosen solution captures secure timestamps, stores an immutable audit trail, and supports export to long-term archival formats.

  • File Formats: PDF, DOCX, and converted archival PDF/A
  • Integrations: CRM and custody connectors like NetSuite and Box
  • Authentication: Email, SMS, KBA, or SSO where required

Typical Timelines and Processing Expectations

Resolutions often have internal timing expectations; external parties may require certified copies within set windows depending on the action and custodian policies.

Effective Immediately:

Many resolutions take effect on signature date unless otherwise specified.

Custodian Update Window:

Custodial changes often processed within 5–10 business days after receiving certified documents.

Beneficiary Notification:

Internal policy typically requires notification within 30 days of material changes.

RON Record Retention:

RON audio-video must be retained typically 5–10 years per state requirements.

Internal Archive:

File in the trust record book immediately and store digital copies in secure archival storage.

Key Processing Milestones for a Resolution

A resolution lifecycle includes drafting, approvals, execution, distribution, and archival—track each milestone to ensure compliance and availability for audits.

01

Draft Complete

Resolution language finalized and cross-checked against the trust instrument.

02

Legal Review

Counsel confirms authority and identifies tax or regulatory implications.

03

Execution

Authorized signers execute with required authentication or notarization.

04

Distribution & Archival

Certified copies provided to custodians and beneficiaries; originals filed.

Common Preparation Errors to Avoid

  • Using informal or ambiguous language that fails to state the precise authority or limits on delegated powers.
  • Failing to match signer names exactly to government ID or trust instrument records, which causes bank or custodian rejections.
  • Skipping a legal review for actions with tax or regulatory implications, increasing fiduciary and tax risk.
  • Distributing uncertified copies to third parties that require notarized or certified originals for acceptance.

Potential Legal and Financial Consequences of Flawed Resolutions

Invalid Authority: Action may be void if trustees exceed delegated powers.
Fiduciary Liability: Trustees may face breach of fiduciary duty claims.
Custodian Refusal: Banks may decline transactions without certified proof of authority.
Tax Exposure: Incorrect distributions can trigger reporting errors or penalties.
Recordkeeping Violations: Failure to retain records may impede audits and compliance.
Operational Delays: Ambiguous resolutions cause avoidable processing delays and costs.

Essential Information and Fields to Capture in the Resolution

Trust Identifier: Trust name and execution date
Trustee Names: Full legal names of all signing trustees
Action Description: Concise statement of authority granted
Effective Date: MM/DD/YYYY format required
Signatures: Printed name, title, signature, date
Distribution: List of recipients for certified copies

eSignature Vendor Comparison for Trust Resolution Workflows

Basic vendor pricing and feature availability for common eSignature capabilities used when executing trust resolutions; signNow is listed first per platform comparison conventions.

signNow DocuSign Adobe Sign PandaDoc HelloSign
Starting Price $8/user/mo $15/user/mo $14/user/mo $19/user/mo $15/user/mo
Free Trial 7-day free trial Varies by plan Varies by plan Varies by plan Varies by plan
Bulk Send Yes Yes Yes Yes No
Audit Trail Yes Yes Yes Yes Yes
HIPAA Compliant Yes Yes Yes No No
Envelope Cap No cap 100 envelopes/user/year Varies Varies Varies

Real-World Examples of Trust Resolution Use

These concise examples show how organizations use resolutions to operationalize decisions and maintain compliance.

Optica Ventures LLC

A small investment manager needed routine delegate authority for distributions

  • The trustee adopted a unit trust resolution delegating payout authority to the operations manager
  • The resolution was recorded in the trust book, provided to the custodian, and reduced processing delays for routine distributions.

Martin Properties

A property management trust required swift signatory updates for lease execution

  • The board passed a resolution appointing new authorized signers and notifying the bank
  • Using an auditable digital process, the trust updated accounts within business days and preserved an immutable execution record.

Practical Tips for Accurate and Efficient Resolutions

Follow established drafting and execution practices to reduce errors, speed processing, and ensure acceptance by third parties and custodians.

Check Authority
Confirm the trust instrument or governing statute expressly permits the proposed action; document the specific clause in the resolution to avoid disputes.
Use Clear Dates
State effective and signing dates in MM/DD/YYYY format to prevent ambiguity about when rights and obligations begin.
Authenticate Signers
Use photo ID, matching printed names, and appropriate eSignature authentication; custodians frequently reject signatures lacking identity proof.
Retain Originals
Keep an original signed copy in the trust record book and store a secure electronic copy with a full audit trail and exportable certificate.

Frequently Asked Questions About Trust Management Unit Trust Resolutions

Answers to common questions about authority, execution, notary practices, digital signatures, corrections, storage, and revocation for trust resolutions.


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