The Sworn Affidavit By Independent Trustee is a fundamental document required in South African trust administration, particularly when appointing or confirming the role of an independent trustee. This document is typically required by the Master of the High Court and other regulatory bodies to ensure compliance with the Trust Property Control Act 57 of 1988. The affidavit serves multiple purposes: it confirms the trustee's independence, demonstrates their understanding of fiduciary duties, declares any potential conflicts of interest, and affirms their commitment to proper trust administration. The document is especially important in the context of South African trust law, which emphasizes the role of independent trustees in preventing abuse of trust structures and ensuring proper governance.
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1. Deponent Details: Full name, identity number, and occupation of the trustee making the affidavit
2. Oath Administration: Details of the Commissioner of Oaths, including place and date of oath administration
3. Trust Identification: Details of the trust, including trust name, registration number, and date of establishment
4. Trustee Appointment: Confirmation of appointment as independent trustee, including date and method of appointment
5. Independence Declaration: Explicit declaration of independence as per Trust Property Control Act requirements
6. Qualification Statement: Statement of professional qualifications and experience relevant to trustee role
7. No Conflict Declaration: Declaration of no conflicts of interest with trust, beneficiaries, or other trustees
8. Compliance Commitment: Statement of commitment to comply with trust deed and relevant legislation
9. Truth Declaration: Standard affidavit closing declaring truth of statements
1. Previous Trusteeships: Details of other trusteeships held, used when relevant experience needs to be demonstrated
2. Professional Memberships: Information about professional body memberships, included when relevant to trustee qualification
3. Specific Trust Duties: Detailed description of specific duties for this trust, included when trust deed assigns special responsibilities
4. Financial Interest Disclosure: Detailed disclosure of any financial interests, included when there are complex financial relationships to clarify
5. Related Party Declarations: Declarations regarding relationships with other parties, included when there are potential perception issues to address
1. Professional Qualifications: Copies of relevant professional qualifications and certifications
2. Letter of Appointment: Copy of formal trustee appointment letter or resolution
3. Identity Documentation: Certified copy of identity document and proof of address
4. Professional Body Certificates: Proof of current membership in relevant professional bodies
5. Trust Deed Extract: Relevant extract from trust deed regarding independent trustee requirements
Relevant legal definitions
Trust
Trust Deed
Trust Property Control Act
Independent Trustee
Master of the High Court
Commissioner of Oaths
Trust Property
Beneficiaries
Founder
Co-trustees
Trust Instrument
Letters of Authority
Independence
Related Person
Connected Person
Fiduciary Duty
Material Interest
Conflict of Interest
Professional Capacity
Trust Administration
Trust Deed
Trust Property Control Act
Independent Trustee
Master of the High Court
Commissioner of Oaths
Trust Property
Beneficiaries
Founder
Co-trustees
Trust Instrument
Letters of Authority
Independence
Related Person
Connected Person
Fiduciary Duty
Material Interest
Conflict of Interest
Professional Capacity
Trust Administration
Clauses
Declarant Identity
Oath Administration
Trust Identification
Independence Declaration
Professional Qualifications
Appointment Confirmation
Conflict of Interest
Financial Independence
Related Party Disclosure
Fiduciary Duties
Statutory Compliance
Trust Deed Compliance
Previous Experience
Professional Memberships
Verification Statement
Truth Declaration
Competency Declaration
Legal Understanding
Disclosure Obligations
Confidentiality Commitment
Oath Administration
Trust Identification
Independence Declaration
Professional Qualifications
Appointment Confirmation
Conflict of Interest
Financial Independence
Related Party Disclosure
Fiduciary Duties
Statutory Compliance
Trust Deed Compliance
Previous Experience
Professional Memberships
Verification Statement
Truth Declaration
Competency Declaration
Legal Understanding
Disclosure Obligations
Confidentiality Commitment
Relevant Industries
Legal Services
Financial Services
Trust Administration
Estate Planning
Wealth Management
Corporate Governance
Property Management
Investment Management
Private Banking
Professional Services
Relevant Teams
Legal
Compliance
Trust Administration
Wealth Management
Estate Planning
Corporate Services
Fiduciary Services
Risk Management
Document Management
Corporate Governance
Relevant Roles
Independent Trustee
Trust Administrator
Legal Counsel
Compliance Officer
Trust Manager
Estate Planner
Wealth Manager
Financial Advisor
Trust Officer
Corporate Trustee
Professional Trustee
Trust Services Director
Fiduciary Services Manager
Trust Compliance Manager
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