A Certification of Trust Agreement is utilized when trustees need to prove their authority or verify trust details to third parties without disclosing the entire trust document. This certification is particularly relevant in Nigeria where trusts are frequently used in both personal and commercial contexts. The document is designed to comply with Nigerian trust law, including the Trustees Act of 1962 and related legislation, while providing sufficient information for business transactions, property dealings, or financial arrangements. It typically includes essential details such as trustee identification, powers, trust status, and execution requirements, while maintaining the confidentiality of sensitive trust provisions. The certification serves as a practical solution for trustees dealing with banks, property registrars, or other institutions that require verification of trust details but don't need access to the complete trust instrument.
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1. Parties: Identifies the trustees making the certification and any other relevant parties
2. Background: Brief context about the purpose of the certification and the underlying trust
3. Definitions: Key terms used throughout the certification
4. Trust Identification: Name, date, and type of trust being certified
5. Trustee Information: Names and addresses of all current trustees and their appointment dates
6. Trust Status: Certification that the trust exists and is in effect
7. Trustee Powers: Summary of relevant trustee powers under the trust
8. Revocability Status: Statement whether the trust is revocable or irrevocable
9. Execution Requirements: Number of trustees required to act on behalf of the trust
10. Certification: Formal certification statement by trustees
11. Governing Law: Confirmation that Nigerian law governs the trust and certification
12. Execution Block: Signature section with notarization provisions
1. Successor Trustee Provisions: Include when there are specific successor trustee arrangements that third parties need to know
2. Trust Amendment History: Include when the trust has been amended and amendments affect the certified information
3. Property Schedule Reference: Include when specific trust property needs to be identified for third parties
4. Tax Status: Include when tax classification of the trust is relevant to the certification purpose
5. Foreign Law Compliance: Include when trust deals with assets or parties in other jurisdictions
6. Trust Protector Provisions: Include when the trust has a protector whose powers are relevant to third parties
1. Schedule A - Trustee Identification Documents: Copies of trustees' identification documents and proof of appointment
2. Schedule B - Trust Extract: Relevant extracted provisions from the trust deed supporting the certification
3. Schedule C - Property Schedule: List of trust property relevant to the certification (if applicable)
4. Appendix 1 - Notarial Certificates: Required notarial certificates and authentications
5. Appendix 2 - Corporate Resolution: If any trustee is a corporation, corporate resolution authorizing certification
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