Certificate Of Fact Trust Authority Template for England and Wales

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Key Requirements PROMPT example:

Certificate Of Fact Trust Authority

"I need a Certificate Of Fact Trust Authority to confirm the appointment of new trustees for the Smith Family Trust, effective from March 15, 2025, which will be presented to our bank for updating signatory arrangements."

Document background
The Certificate Of Fact Trust Authority is commonly used when third parties require formal confirmation of trust-related facts or authority. This document is particularly relevant in England and Wales where trusts need to demonstrate their legitimacy and authority for various transactions or regulatory requirements. It typically includes details about the trust's establishment, current trustees, and specific facts being certified. The certificate helps facilitate trust-related transactions by providing a clear, authoritative statement of facts that can be relied upon by third parties.
Suggested Sections

1. Certificate Declaration: Opening statement declaring the authority of the certificate

2. Trust Identification: Details of the trust including name, date of establishment, and registration numbers

3. Trustee Information: Names and details of current trustees

4. Statement of Facts: Core facts being certified about the trust's existence and authority

5. Verification: Confirmation of the truth of the stated facts

6. Execution: Signing section with trustee signatures and witness details

Optional Sections

1. Property Details: Required when certificate relates to specific trust property

2. Beneficiary Information: Details of trust beneficiaries when relevant to the purpose of certification

3. Historical Trustee Information: Details of previous trustees when relevant to establish chain of authority

Suggested Schedules

1. Trust Deed Extract: Relevant extracts from the trust deed supporting the certified facts

2. Supporting Documents: Copies of relevant trust registration or authority documents

3. Property Schedule: Detailed list of trust property when relevant

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant Industries
Relevant Teams
Relevant Roles
Industries

Trustee Act 1925: Primary legislation governing trustee powers, duties, and appointment/retirement procedures in England and Wales

Trustee Act 2000: Modern legislation updating trustee investment powers and duty of care requirements

Trust Registration Service Requirements: Mandatory registration requirements under UK Money Laundering Regulations for certain types of trusts

Law of Property Act 1925: Fundamental legislation governing property rights and interests in trust contexts

Financial Services and Markets Act 2000: Regulatory framework for trusts involving regulated financial activities

UK Money Laundering Regulations 2017: Anti-money laundering requirements affecting trust formation and administration

Common Law Trust Principles: Established legal principles from case law regarding equity and trust formation

Fiduciary Duties: Common law principles governing trustee responsibilities and obligations

Capacity and Authority Rules: Legal requirements regarding mental capacity and authority to act as trustee

Land Registry Requirements: Specific documentation requirements for trusts involving real property

HMRC Reporting Requirements: Tax reporting obligations for trusts under UK tax legislation

Companies House Requirements: Registration and reporting requirements if trust involves corporate entities

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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