Trustee Declaration Form for Switzerland

Trustee Declaration Form Template for Switzerland

A comprehensive legal document used in Switzerland that formally establishes a trustee's acknowledgment and acceptance of their role, responsibilities, and obligations under Swiss law and applicable regulations. The document incorporates requirements from Switzerland's implementation of the Hague Trust Convention, the Federal Act on Financial Institutions (FinIA), and Swiss anti-money laundering regulations. It serves as both a regulatory compliance tool and a formal declaration of the trustee's understanding and acceptance of their fiduciary duties, including asset management responsibilities, reporting obligations, and compliance requirements.

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What is a Trustee Declaration Form?

The Trustee Declaration Form is a crucial document required in the Swiss trust administration landscape, where trusts, while not governed by domestic trust law, are recognized through Switzerland's ratification of the Hague Trust Convention. This document is typically required when a trustee (individual or corporate) assumes their role in managing a trust structure, whether at the initial establishment of the trust or upon appointment as a successor trustee. The form serves multiple purposes: it demonstrates compliance with Swiss regulatory requirements, particularly under FinIA and AMLA; provides evidence of the trustee's understanding of their duties; and creates a clear record of the trustee's acceptance of their responsibilities. It's particularly important given Switzerland's strict financial regulatory environment and its position as a major international wealth management center.

What sections should be included in a Trustee Declaration Form?

1. Declarant Details: Identification and contact information of the trustee making the declaration

2. Trust Identification: Details of the trust arrangement, including name, date of establishment, and governing law

3. Declarations and Acknowledgments: Core declarations regarding acceptance of the trustee role and understanding of responsibilities

4. Regulatory Compliance: Declarations regarding compliance with Swiss financial regulations and anti-money laundering requirements

5. Fiduciary Duties: Specific acknowledgment of fiduciary obligations under applicable laws

6. Asset Management Responsibilities: Declarations regarding the handling and management of trust assets

7. Record Keeping Obligations: Commitments regarding maintenance of proper trust records and documentation

8. Reporting Requirements: Acknowledgment of reporting obligations to relevant authorities and beneficiaries

9. Execution: Signature block and witnessing requirements

What sections are optional to include in a Trustee Declaration Form?

1. Co-Trustee Provisions: Additional declarations for situations involving multiple trustees

2. Professional Qualifications: Required for professional trustees subject to FinIA licensing requirements

3. Specific Trust Powers: Detailed acknowledgment of specific powers granted under the trust deed

4. Retirement and Succession: Provisions regarding the process of trustee retirement or replacement

5. Conflict Management: Procedures for handling potential conflicts of interest

6. Digital Asset Management: Special provisions for trusts involving digital or cryptocurrency assets

What schedules should be included in a Trustee Declaration Form?

1. Schedule A - Trust Details: Detailed information about the trust structure, including key terms from the trust deed

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

3. Schedule C - Fee Schedule: Details of trustee remuneration and fee structure if applicable

4. Appendix 1 - KYC Documentation: Required identity verification and background documentation

5. Appendix 2 - Professional Credentials: Copies of relevant professional licenses and certifications

6. Appendix 3 - Compliance Checklist: Checklist confirming compliance with regulatory requirements

Authors

Alex Denne

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

Jurisdiction

Switzerland

Publisher

Genie AI

Document Type

Declaration Form

Cost

Free to use
Relevant Industries

Financial Services

Private Banking

Wealth Management

Family Office Services

Professional Services

Legal Services

Corporate Services

Estate Planning

Asset Management

Private Client Services

Relevant Teams

Legal

Compliance

Trust Administration

Wealth Management

Risk Management

Corporate Services

Client Relations

Operations

Fiduciary Services

Regulatory Affairs

Relevant Roles

Trustee

Trust Administrator

Compliance Officer

Legal Counsel

Wealth Manager

Private Client Advisor

Trust Operations Manager

Risk Manager

Relationship Manager

Company Secretary

Trust Director

Fiduciary Services Manager

Senior Trust Officer

Corporate Services Manager

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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