Trustee Declaration Form Template for the United Arab Emirates

A Trustee Declaration Form is a fundamental legal document that you must complete when accepting appointment as a trustee in the United Arab Emirates. This form serves as your formal acknowledgment of the role's responsibilities and your commitment to fulfilling fiduciary duties under UAE law. The document creates a legal record of your acceptance and ensures compliance with stringent regulatory requirements governing trust administration in the UAE's financial free zones.

When do you need this document?

You need a Trustee Declaration Form whenever you're appointed as a new trustee for any trust established under UAE jurisdiction, particularly within DIFC or ADGM frameworks. This includes situations where you're replacing an existing trustee, accepting appointment as a co-trustee alongside other trustees, or when regulatory authorities require updated declarations from existing trustees. The form is also essential when establishing new trust structures, transferring trust administration between jurisdictions, or when compliance audits necessitate fresh trustee declarations. Corporate trustees must complete this document when designated representatives change, and individual trustees need updated forms when personal circumstances affecting their eligibility change significantly.

Key legal considerations

Your Trustee Declaration Form must address several critical legal elements to ensure validity and regulatory compliance. The document must clearly establish your legal capacity to act as trustee, including confirmation that you meet minimum qualifications under UAE law and are not subject to any disqualifying factors. You must declare your understanding of fiduciary duties, including the duty of care, loyalty, and prudent investment management required under UAE trust legislation. Anti-money laundering compliance is crucial, requiring declarations about your commitment to customer due diligence, record-keeping, and suspicious transaction reporting obligations. The form should reference the specific trust deed and outline how your appointment aligns with the trust's governing documents and stated purposes.

Legal requirements in United Arab Emirates

Under DIFC Trust Law No. 4 of 2018 and ADGM Trust Regulations 2016, your Trustee Declaration Form must comply with specific jurisdictional requirements depending on where the trust operates. DIFC-based trustees must ensure declarations align with DFSA Rulebook requirements, including ongoing fitness and propriety standards. ADGM trustees must comply with FSRA regulations governing trust service providers and their operational requirements. UAE Federal Decree-Law No. 20 of 2018 imposes additional anti-money laundering obligations, requiring trustees to maintain comprehensive records and implement robust compliance procedures. The form must be properly witnessed and notarized according to UAE legal standards, with original signatures required for regulatory filing. Corporate trustees must include board resolutions authorizing the specific individual to sign on behalf of the entity, while individual trustees may need additional documentation proving their legal capacity and good standing.