The Trustee Declaration Form is a crucial document in Irish trust administration that must be completed when a new trustee is appointed to a trust. This document serves multiple purposes: it provides formal evidence of the trustee's acceptance of their role, confirms their eligibility to act, and demonstrates their understanding of their legal obligations under Irish law. The form is particularly important in the context of regulatory compliance, as it creates a clear audit trail of trustee appointments and their acknowledgment of responsibilities. The document needs to align with various pieces of Irish legislation, including the Trustee Act 1893, the Criminal Justice (Money Laundering and Terrorist Financing) Act 2010, and recent beneficial ownership regulations. It's commonly used in private trusts, charitable trusts, pension trusts, and other trust arrangements governed by Irish law.
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1. Declarant Details: Full legal name, address, and contact information of the person making the declaration (the trustee)
2. Trust Information: Name of the trust, date of establishment, and type of trust (e.g., discretionary, fixed, charitable)
3. Appointment Details: Reference to the appointment instrument and date of appointment as trustee
4. Eligibility Declaration: Trustee's confirmation of their eligibility to act (e.g., being over 18, not bankrupt, no conflicts of interest)
5. Capacity Declaration: Confirmation that the trustee understands the nature and extent of their role
6. Acknowledgment of Duties: Statement acknowledging understanding of trustee duties under Irish law
7. Compliance Declaration: Declaration of commitment to comply with trust deed and applicable laws
8. Data Protection Statement: Acknowledgment of data protection responsibilities regarding trust information
9. Execution Block: Space for trustee's signature, witness details, and date of execution
1. Co-Trustee Acknowledgment: Required when there are multiple trustees, acknowledging joint responsibilities
2. Professional Qualification Statement: Required for professional trustees, detailing relevant qualifications and experience
3. Pension Scheme Specifics: Required for pension trust trustees, acknowledging specific pension regulation requirements
4. Charitable Status Declaration: Required for charitable trusts, confirming understanding of charitable trustee obligations
5. Corporate Trustee Details: Required when the trustee is a corporation rather than an individual
6. Foreign Asset Declaration: Required when trust includes assets in other jurisdictions
7. Beneficial Ownership Registration: Required for trusts subject to beneficial ownership registration requirements
1. Schedule 1 - Trust Property: Detailed list of assets and property held in the trust
2. Schedule 2 - Trustee Powers: Specific powers granted to the trustee under the trust deed
3. Schedule 3 - Key Trust Terms: Summary of key terms from the trust deed relevant to the trustee's role
4. Appendix A - AML Requirements: Anti-money laundering compliance requirements and procedures
5. Appendix B - Contact Information: Contact details for co-trustees, beneficiaries, and professional advisors
6. Appendix C - Document Checklist: List of documents received and required from the trustee
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