How to Register a Trust in South Africa
To successfully register a trust, specific documents must be submitted to the Master of the High Court in the relevant provincial jurisdiction, in accordance with the Trust Property Control Act.
The required documents include:
- Cover Letter – A formal request to the Master of the High Court for trust registration.
- Trust Registration Form (J401) – Official application form for registering a trust.
- Trust Deed – Two original signed copies of the trust deed outlining the trust’s purpose and governance.
- Payment Confirmation – Proof of payment for the Master’s prescribed fee.
- Fee Annexure (Annexure B) – The Master of the High Court’s official form for fee confirmation.
- Trustee Acceptances (J417) – Each trustee must complete and sign a declaration accepting their appointment, along with a summary of their qualifications and experience in trust management. The Master must be satisfied that the trustees are competent to fulfill their duties. If necessary, trustees may be required to provide security, and an audit of the trust may be mandated.
- Declaration by Trustees – A formal statement confirming the trustees’ obligations.
- Sworn Affidavit from the Independent Trustee – A legal declaration affirming the independence and role of the trustee.
- Certified ID Copies – Each trustee must provide a certified copy of their identity document.
- Beneficiaries Declaration (J450) – A document outlining the details of the beneficiaries.
- Accountant/Auditor Undertaking (J405) – A commitment by the trust’s appointed accountant or auditor to maintain financial records in compliance with generally accepted accounting practices.
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