The Trustee Declaration Form is a mandatory document in South African trust administration, required by the Master of the High Court when appointing trustees to new or existing trusts. This document is essential for compliance with the Trust Property Control Act 57 of 1988 and related legislation, including FICA requirements. It must be completed when a person is appointed as a trustee, whether in a private, professional, or corporate capacity. The form captures crucial information about the trustee's identity, qualifications, and acceptance of fiduciary duties, while also serving as evidence of the trustee's understanding of their legal obligations. It is particularly important as it forms part of the Master's oversight function and helps ensure proper governance of trust structures in South Africa.
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1. Personal Information: Trustee's full legal name, ID number, contact details, and residential address as required by FICA
2. Trust Details: Name of trust, trust registration number, and type of trust
3. Declaration of Independence: Confirmation that the trustee is independent and has no conflicts of interest
4. Acknowledgment of Duties: Statement confirming understanding of trustee duties under the Trust Property Control Act
5. Fiduciary Responsibilities: Explicit acknowledgment of fiduciary duties and responsibilities to beneficiaries
6. Compliance Declaration: Declaration of compliance with FICA requirements and other relevant legislation
7. Acceptance of Appointment: Formal acceptance of appointment as trustee
8. Signature and Date: Space for trustee signature, witness signatures, and date of declaration
1. Professional Qualifications: Section for listing relevant qualifications when trustee is appointed in professional capacity
2. Previous Trust Experience: Details of other trusteeships held, used for professional or corporate trustees
3. Specific Trust Powers: Additional powers granted to trustee beyond standard powers, if applicable
4. Co-Trustee Relationships: Required when multiple trustees are appointed, defining relationship with co-trustees
5. Remuneration Agreement: Details of trustee compensation if applicable, particularly for professional trustees
1. Appendix A - Identity Verification: Certified copy of ID document and proof of residence as per FICA requirements
2. Appendix B - Professional Credentials: Copies of relevant professional qualifications or certifications if applicable
3. Appendix C - Criminal Record Check: Police clearance certificate or declaration of clean criminal record
4. Appendix D - FICA Declaration: Detailed FICA compliance declaration and supporting documents
5. Appendix E - Master's Certificate: Copy of Master's authorization letter once obtained
Relevant legal definitions
Trust
Trust Deed
Trust Property
Trustee
Master
Master's Office
Trust Founder
Co-Trustee
Beneficiary
Fiduciary Duty
Trust Property Control Act
FICA
Letters of Authority
Independent Trustee
Trust Instrument
Trust Assets
Trust Administration
Trust Register
Financial Year
Conflict of Interest
Material Interest
Professional Trustee
Trust Account
Resolution
Trust Deed
Trust Property
Trustee
Master
Master's Office
Trust Founder
Co-Trustee
Beneficiary
Fiduciary Duty
Trust Property Control Act
FICA
Letters of Authority
Independent Trustee
Trust Instrument
Trust Assets
Trust Administration
Trust Register
Financial Year
Conflict of Interest
Material Interest
Professional Trustee
Trust Account
Resolution
Clauses
Personal Information
Acceptance of Appointment
Declaration of Independence
Fiduciary Duties
Compliance Obligations
Confidentiality
Conflict of Interest
Trust Property Management
Record Keeping
Reporting Obligations
FICA Compliance
Data Protection
Indemnification
Remuneration
Resignation Procedures
Co-Trustee Relations
Professional Qualifications
Authority Limitations
Liability
Dispute Resolution
Acceptance of Appointment
Declaration of Independence
Fiduciary Duties
Compliance Obligations
Confidentiality
Conflict of Interest
Trust Property Management
Record Keeping
Reporting Obligations
FICA Compliance
Data Protection
Indemnification
Remuneration
Resignation Procedures
Co-Trustee Relations
Professional Qualifications
Authority Limitations
Liability
Dispute Resolution
Relevant Industries
Legal Services
Financial Services
Wealth Management
Estate Planning
Corporate Services
Non-Profit and Charitable Organizations
Property Management
Education (Educational Trusts)
Healthcare (Medical Benefit Trusts)
Mining (Mining Rehabilitation Trusts)
Relevant Teams
Legal
Compliance
Trust Administration
Wealth Management
Estate Planning
Risk Management
Corporate Services
Document Management
Client Services
Financial Advisory
Relevant Roles
Trust Administrator
Legal Counsel
Compliance Officer
Estate Planner
Wealth Manager
Financial Advisor
Trust Officer
Company Secretary
Risk Manager
Corporate Trustee
Professional Trustee
Fund Manager
Property Manager
Non-Profit Director
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