Sample legal documents
A suite of sample standard form documents are available to help make the drafting of legal documents for transactions more efficient. These documents are based on those used for the social impact bonds and may not be suitable in all circumstances. They have been developed by King & Wood Mallesons and the NSW Crown Solicitor's Office, in consultation with Trevor Danos AM.
Where indicated, a Creative Commons Licence has been granted in relation to the copyright in a document. The terms of this licence accord with the relevant copyright notice specified for that document. Please refer to the relevant document.
A factsheet that:
- explains the legal arrangements between the parties involved in the NSW social impact bonds
- summarises the sample standard form documents that will be made progressively available for use when developing and implementing bonds
- highlights some key considerations for proponents developing a proposal for a bond.
Joint Development Phase Agreement (samples)
Sample agreements set out contractual arrangements between the relevant government department and the proponent during the Joint Development Phase. One sample relates to proponents submitting with partners on equal terms (consortium) and the other to proponents seeking to include advisors in the development process.
- Sample Joint Development Phase Agreement – consortium proponent
- Sample Joint Development Phase Agreement – proponent with advisor
Two Step Development Phase Agreement (samples)
Sample agreements set out contractual arrangements between the relevant government department and the proponent during co-development and extending to the Joint Development Phase (should the proponent succeed). One sample relates to proponents submitting with partners on equal terms (consortium) and the other to proponents seeking to include advisors in the development process.
- Sample Two Step Development Phase Agreement - Proponent and Consortium
- Sample Two Step Development Phase Agreement - Proponent and Advisor
A sample agreement that sets out contractual arrangements between the relevant government department and the proponent for providing services and issuing bonds.
Information memorandum (sample outline)
A sample offering document provided to potential investors, which describes the proponent, the proposed services and the terms and conditions of the bonds.
Terms and conditions of the bonds (sample)
A sample document that outlines the terms and conditions of the bonds (to be inserted into the information memorandum)
A sample agreement that creates the proponent's legal 'promise' to investors to perform its obligations under the bonds.
A sample agreement between the proponent and investors in relation to the issue and sale of bonds.
A sample document to create a charitable trust, which can act as a special purpose entity and assume the role of the proponent in each of the above sample documents.
A sample agreement that provides the arrangements for how a special purpose entity is to be managed. This is only relevant for transactions where a special purpose entity created under a trust deed (above) is used.
Services subcontract (drafting guidelines)
Guidelines to assist in drafting a service subcontract, which is an agreement that provides for how the proposed services will be provided by the proponent. Please also refer to the implementation deed (above).
A sample agreement that creates direct legal arrangements between the proponent and the relevant department, where the implementation deed is between the department and a special purpose entity.
Security deeds
Sample agreements for instances where the proponent is providing security, if required by the NSW Government and/or investors (not required in all cases):