A Resolution For Appointment of New Trustee is a crucial document required when changes occur in trust administration in India. It is used when a new trustee needs to be appointed due to various circumstances such as death, retirement, or resignation of an existing trustee, or when additional trustees are required. The document must comply with the Indian Trusts Act, 1882, and any applicable state trust laws. It includes detailed information about the trust, the reason for appointment, credentials of the new trustee, and specific powers being granted. This resolution serves as legal evidence of the appointment and is often required by banks, property registrars, and other institutions to recognize the new trustee's authority. The document may need to be registered depending on state requirements and the nature of the trust property involved.
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1. Title and Date: Formal title of the resolution and date of passing
2. Present Trustees: List of all current trustees present at the meeting
3. Recitals: Background information including trust deed details, reason for appointment, and authority for making the appointment
4. Definitions: Key terms used in the resolution
5. Resolution Statement: The formal resolution text appointing the new trustee
6. Details of New Trustee: Full name, address, and other relevant details of the newly appointed trustee
7. Powers and Duties: Statement of the powers and duties vested in the new trustee
8. Effective Date: Date from which the appointment takes effect
9. Execution: Space for signatures of existing trustees and acceptance by new trustee
1. Quorum Confirmation: Confirmation that the required quorum was present (needed when resolution is passed in a meeting)
2. Retiring Trustee Details: Details of any trustee being replaced (required if appointment is due to retirement/resignation)
3. Special Conditions: Any special conditions or restrictions on the appointment (if applicable)
4. Regulatory Compliance: Statements regarding compliance with specific regulations (needed for charitable/religious trusts)
5. Property Transfer Details: Details of trust property transfer to new trustee (if immediate transfer is involved)
1. Schedule A - Identity Proof: Certified copies of identity documents of the new trustee
2. Schedule B - Consent Letter: Written consent from the new trustee accepting the appointment
3. Schedule C - Trust Deed Extract: Relevant extracts from the trust deed regarding trustee appointment
4. Schedule D - Retiring Trustee Documents: Resignation letter or death certificate of retiring trustee (if applicable)
5. Schedule E - Property Schedule: List of trust properties and assets being transferred to new trustee's control
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