Trustee Declaration Form for Malta

Trustee Declaration Form Template for Malta

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Trustee Declaration Form

"I need a Trustee Declaration Form for our Malta-based corporate services company accepting appointment as trustee for a multi-generational family trust starting March 2025, with specific emphasis on MFSA compliance and cross-border asset management declarations."

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What is a Trustee Declaration Form?

The Trustee Declaration Form is a crucial document within Malta's trust industry, required whenever a trustee is appointed to manage a trust structure under Maltese jurisdiction. This document serves multiple purposes: it acts as a formal acceptance of the trustee role, confirms compliance with the Malta Trusts and Trustees Act, and provides evidence of the trustee's qualifications and understanding of their responsibilities. The form is particularly important in Malta's regulated environment, where trustees must demonstrate their capability and regulatory compliance to the Malta Financial Services Authority (MFSA). It includes comprehensive declarations about independence, professional qualifications, and understanding of anti-money laundering obligations, making it an essential governance and compliance tool for both private and professional trust arrangements.

What sections should be included in a Trustee Declaration Form?

1. Declaration Details: Basic information including date, place of execution, and details of the trustee making the declaration

2. Trust Information: Details of the trust including name, date of establishment, and type of trust

3. Trustee Information: Personal or corporate information of the trustee, including registration numbers, address, and contact details

4. Qualifications and Eligibility: Declaration of professional qualifications, experience, and confirmation of eligibility to act as trustee under Maltese law

5. Regulatory Compliance: Confirmation of compliance with relevant regulatory requirements, including MFSA regulations if applicable

6. Duties Acknowledgment: Express acknowledgment of understanding trustee duties and responsibilities under Maltese law

7. Legal Obligations: Confirmation of understanding legal obligations regarding anti-money laundering, data protection, and tax reporting

8. Declaration of Independence: Confirmation of independence and absence of conflicts of interest

9. Execution: Formal execution clause with signature block and witness requirements

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

1. Professional Indemnity Insurance: Details of insurance coverage, required for professional trustees

2. Additional Appointments: Declaration of other trusteeships or relevant appointments, if any

3. Risk Assessment: Specific risk assessment declarations for high-risk or complex trust structures

4. Co-Trustee Arrangements: Details of co-trustees and division of responsibilities, if applicable

5. Delegation Authority: Specific powers of delegation, if permitted under the trust deed

What schedules should be included in a Trustee Declaration Form?

1. Schedule A - Professional Qualifications: Detailed list of relevant professional qualifications and certifications

2. Schedule B - Compliance Checklist: Checklist confirming compliance with specific requirements of the Trusts and Trustees Act

3. Schedule C - Due Diligence Documents: List of required due diligence documents provided by the trustee

4. Appendix 1 - Declaration of Good Standing: Certificates or confirmations of good standing from relevant professional bodies

5. Appendix 2 - Consent Forms: Any required regulatory or administrative consent forms

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

alex.den.21@genieai.co

Relevant legal definitions

Clauses

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Financial Services

Wealth Management

Corporate Services

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Private Banking

Estate Planning

Investment Services

Professional Services

Trust Administration

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Compliance

Risk Management

Corporate Services

Trust Administration

Wealth Management

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Trustee

Trust Administrator

Compliance Officer

Legal Counsel

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Risk Manager

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Corporate Services Director

MLRO (Money Laundering Reporting Officer)

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What is a Trustee Declaration Form?

What sections should be included in a Trustee Declaration Form?

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

What schedules should be included in a Trustee Declaration Form?

Authors

Alex Denne

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