The Affidavit of Trust is a crucial document in Indonesian legal practice, particularly when trustees need to demonstrate their authority to third parties or conduct transactions on behalf of the trust. This document becomes necessary when dealing with financial institutions, property transactions, or other situations where formal proof of trust existence and trustee authority is required. The affidavit must comply with Indonesian Civil Code requirements and be properly notarized according to Law No. 30 of 2004 on Notary Position (as amended). It serves as a simplified alternative to presenting the complete trust deed, providing key information about the trust arrangement while maintaining confidentiality of sensitive details. The document is particularly valuable in situations involving asset management, property transfers, or financial transactions where quick verification of trust status is needed.
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1. Declaration and Identification: Opening statement identifying the declarant (trustee) with full legal name, address, and capacity in which they are making the declaration
2. Trust Details: Specific information about the trust including its full name, date of creation, and type of trust
3. Trustee Authority: Statement confirming the declarant's authority as trustee and the scope of their powers under the trust
4. Trust Property: General description of the trust property or assets held in trust
5. Trust Existence: Affirmation that the trust is currently in existence and valid
6. Governing Law: Statement specifying that the trust is governed by Indonesian law
7. Verification: Sworn statement verifying that all information provided is true and correct
8. Execution: Space for signature, date, and notary attestation
1. Beneficiary Information: Section listing beneficiaries and their interests - optional if privacy concerns exist or if beneficiaries change frequently
2. Successor Trustee Provisions: Details about successor trustees - include if there are specific succession arrangements
3. Trust Amendment History: List of any amendments to the trust - include if the trust has been modified since its creation
4. Purpose of Affidavit: Specific reason for creating the affidavit - include if being prepared for a particular transaction or entity
5. Co-Trustee Details: Information about co-trustees - include if multiple trustees exist
6. Foreign Law Compliance: Additional statements regarding compliance with foreign laws - include if trust has international elements
1. Schedule A - Trust Property Schedule: Detailed inventory of trust assets and properties
2. Schedule B - Certified Trust Extract: Relevant excerpts from the trust deed showing trustee powers
3. Schedule C - Supporting Documents: List of documents evidencing trust existence and trustee authority
4. Appendix 1 - Identity Documents: Copies of trustee's identification documents
5. Appendix 2 - Notarial Certificates: Copies of relevant notarial certificates or authentications
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