Appointment Of Trustee Resolution for South Africa

Appointment Of Trustee Resolution Template for South Africa

A formal legal resolution document governed by South African law, specifically the Trust Property Control Act 57 of 1988, that records the appointment of a new trustee to an existing trust. The document serves as an official record of the appointment decision, containing essential details about the trust, the appointee, and the terms of appointment. It must comply with South African legal requirements and be suitable for submission to the Master of the High Court for registration of the new trustee. The resolution includes specific provisions regarding the trustee's powers, duties, and responsibilities in accordance with South African trust law.

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What is a Appointment Of Trustee Resolution?

The Appointment of Trustee Resolution is a crucial document in South African trust administration that formalizes the appointment of a new trustee to an existing trust structure. It is required whenever a new trustee needs to be appointed, whether due to the resignation, death, or removal of an existing trustee, or when additional trustees are needed. The document must comply with the Trust Property Control Act 57 of 1988 and be acceptable to the Master of the High Court, who must approve and register the appointment. It contains essential information about the trust, the appointment process, and the new trustee's details, serving as both a record of the appointment decision and a formal instrument of appointment. The resolution forms part of the trust's official records and may be needed for various administrative and legal purposes throughout the trust's existence.

What sections should be included in a Appointment Of Trustee Resolution?

1. Title and Date: Formal title of the resolution and date of passing

2. Trust Details: Full name of the trust, trust registration number, and date of establishment

3. Present Parties: List of current trustees or authorized persons present for the resolution

4. Background: Context for the appointment, including reason for appointment (e.g., resignation of previous trustee, addition of new trustee)

5. Authority: Reference to the trust deed provisions or legal authority allowing for the appointment

6. Resolution: The formal resolution text appointing the new trustee

7. Trustee Details: Full details of the newly appointed trustee including full name, ID number, and contact details

8. Acceptance: Statement of acceptance by the new trustee of the appointment and associated duties

9. Effective Date: Specification of when the appointment takes effect

10. Execution: Space for signatures of existing trustees and new trustee

What sections are optional to include in a Appointment Of Trustee Resolution?

1. Quorum Confirmation: Confirmation that the required quorum was present - include when required by trust deed

2. Conditions Precedent: Any conditions that must be met before the appointment becomes effective - include if there are specific requirements

3. Powers and Limitations: Specific powers or limitations of the trustee's authority - include if different from standard trustee powers

4. Remuneration: Details of any trustee remuneration - include if trustee will be paid

5. Indemnification: Specific indemnification provisions - include if different from standard trust deed provisions

What schedules should be included in a Appointment Of Trustee Resolution?

1. Schedule A - Trustee Information: Detailed personal information and contact details of the new trustee

2. Schedule B - Trust Deed Extract: Relevant extracts from trust deed regarding trustee appointments and powers

3. Appendix 1 - Required Documents: List of documents required for Master's Office submission (ID copy, police clearance, etc.)

4. Appendix 2 - Acceptance of Trust Form: Standard J417 form for Master's Office

5. Appendix 3 - Supporting Documents: Any additional documentation supporting the appointment (e.g., resignation letter of outgoing trustee if applicable)

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

South Africa

Publisher

Genie AI

Document Type

Board Resolution

Cost

Free to use
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