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Resolution For Appointment Of New Trustee

Resolution For Appointment Of New Trustee Template for South Africa

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Key Requirements PROMPT example:

Resolution For Appointment Of New Trustee

"I need a Resolution For Appointment Of New Trustee for our family trust (Smith Family Trust) to replace our retiring trustee Mr. James Brown with Mrs. Sarah Johnson, with the appointment to take effect from March 15, 2025."

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Document background
A Resolution For Appointment Of New Trustee is a crucial document in South African trust administration, utilized when there is a need to appoint a new trustee to an existing trust structure. This may occur due to resignation, death, or incapacity of an existing trustee, or when additional trustees are required. The document must comply with the Trust Property Control Act 57 of 1988 and requires formal approval from the Master of the High Court. It includes detailed information about the trust, the grounds for appointment, the new trustee's credentials, and formal acceptance of the appointment. This resolution forms part of the trust's permanent records and serves as evidence of proper governance and compliance with legal requirements. It's essential for maintaining the proper administration and continuity of the trust.
Suggested Sections

1. Trust Details: Full name and registration details of the trust, including trust registration number and date of establishment

2. Date and Venue: Date, time and place of the trustee meeting where the resolution was passed

3. Present Trustees: List of current trustees present at the meeting, confirming quorum requirements are met

4. Authority: Reference to the relevant clause in the trust deed that authorizes the appointment of new trustees

5. Resolution: The formal resolution text appointing the new trustee, including their full details and effective date

6. Acceptance: Formal acceptance of appointment by the new trustee

7. Trustee Details: New trustee's full name, ID number, residential address, and contact details

8. Certification: Certification that the resolution was duly passed in accordance with the trust deed

9. Signatures: Space for signatures of all existing trustees and the new trustee

Optional Sections

1. Resignation Reference: Required if the new appointment is due to a trustee resignation - includes details of the retiring trustee and their resignation

2. Special Conditions: Any special conditions or limitations attached to the new trustee's appointment

3. Remuneration: Details of any remuneration agreed for the new trustee, if applicable

4. Indemnity Declaration: Optional indemnity provisions for the new trustee

5. Conflicts of Interest: Declaration of any potential conflicts of interest, if applicable

Suggested Schedules

1. Schedule A - Identity Documentation: Certified copies of the new trustee's identification documents

2. Schedule B - Trustee Qualifications: Relevant qualifications or experience of the new trustee, if required

3. Schedule C - Master's Direction: Copy of the Master of the High Court's written approval of the appointment

4. Schedule D - Trust Deed Extract: Relevant extract from the trust deed showing authority for appointment

5. Appendix 1 - FICA Documentation: Required FICA documentation for the new trustee

6. Appendix 2 - Resignation Letter: Copy of retiring trustee's resignation letter, if applicable

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓƵ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

alex.den.21@genieai.co
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Financial Services

Estate Planning

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Compliance

Trust Administration

Wealth Management

Corporate Governance

Risk Management

Fiduciary Services

Estate Planning

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Trust Administrator

Legal Counsel

Estate Planner

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Trust Officer

Compliance Officer

Company Secretary

Senior Trustee

Trust Manager

Fiduciary Services Manager

Legal Director

Risk Manager

Trust Accountant

Corporate Trustee

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