The Trustee Declaration Form is a fundamental document required when establishing or updating trust arrangements in New Zealand. It is used whenever a new trustee is appointed or when existing trustees need to reaffirm their commitments following significant changes in trust law, such as the implementation of the Trusts Act 2019. The form captures essential declarations regarding the trustee's eligibility, understanding of duties, and acknowledgment of responsibilities. It serves multiple purposes: providing evidence of the trustee's informed consent to act, documenting their understanding of obligations, and creating a record of their commitment to comply with trust law requirements. This document is particularly important in the New Zealand context, where trust law has undergone significant modernization and trustees face increased accountability and transparency requirements.
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1. Trustee Details: Full legal name, contact information, and identification details of the trustee making the declaration
2. Trust Information: Name of the trust, date of establishment, and type of trust
3. Declaration of Eligibility: Trustee's confirmation of their eligibility to act as trustee (e.g., being over 18, not bankrupt, not convicted of dishonesty crimes)
4. Acknowledgment of Mandatory Duties: Explicit acknowledgment of the mandatory duties under Section 23 of the Trusts Act 2019, including duty to act honestly, in good faith, and for benefit of beneficiaries
5. Acknowledgment of Default Duties: Recognition of default duties under the Trusts Act 2019, unless modified by trust deed
6. Conflict of Interest Declaration: Declaration regarding any existing or potential conflicts of interest
7. Privacy and Information Obligations: Acknowledgment of obligations regarding trust information and beneficiary privacy
8. Execution: Signature block, witness details, and date of declaration
1. Special Trust Powers: Additional powers granted to the trustee beyond statutory powers, used when trust deed provides specific additional authorities
2. Co-Trustee Arrangements: Details of cooperation with other trustees, needed when multiple trustees are appointed
3. Professional Trustee Declarations: Additional declarations for professional trustees regarding qualifications and insurance
4. Foreign Trust Declarations: Additional declarations required for foreign trusts under NZ tax law
5. Investment Guidelines Acknowledgment: Specific acknowledgment of investment parameters, used for trusts with substantial investment activities
1. Schedule 1 - Mandatory Duties: Detailed list of mandatory duties under the Trusts Act 2019
2. Schedule 2 - Default Duties: Detailed list of default duties under the Trusts Act 2019
3. Schedule 3 - Trust Deed Extract: Relevant excerpts from the trust deed relating to trustee powers and duties
4. Appendix A - ID Verification: Certified copies of identification documents and address verification
5. Appendix B - Eligibility Evidence: Supporting documentation confirming trustee eligibility (if required)
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