Trust Articles of Incorporation are essential founding documents used in South Africa when establishing a new trust entity, whether for personal, business, or charitable purposes. This document is required under the Trust Property Control Act 57 of 1988 and must be registered with the Master of the High Court. It contains critical information about the trust's structure, including details about trustees, beneficiaries, trust property, and administrative procedures. The document serves as the primary reference point for trust governance and is particularly important in South Africa's legal system, which combines elements of Roman-Dutch law with modern trust law principles. When drafting Trust Articles of Incorporation, careful consideration must be given to tax implications, compliance requirements, and the specific purposes for which the trust is being established.
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1. Parties: Identifies the Founder/Settlor and initial Trustees
2. Background: Sets out the context and purpose for establishing the trust
3. Definitions: Defines key terms used throughout the trust deed
4. Name and Legal Status: Establishes the trust's name and its nature as a legal entity
5. Trust Object and Purpose: Clearly defines the primary purposes and objectives of the trust
6. Trust Property: Details the initial trust property/capital and how additional property may be added
7. Trustees: Outlines appointment, removal, resignation procedures, and powers of trustees
8. Trustee Meetings and Decisions: Procedures for trustee meetings, voting, and decision-making
9. Beneficiaries: Identifies beneficiaries and their rights, including income and capital beneficiaries
10. Distribution of Income and Capital: Rules governing how trust income and capital are to be distributed
11. Trust Administration: General administrative provisions including record-keeping and accounting
12. Amendment and Variation: Procedures for amending the trust deed
13. Termination: Circumstances and procedures for trust termination
14. Governing Law: Confirms South African law as governing law and jurisdiction
1. Business Provisions: Required if trust will conduct business activities - includes specific powers and limitations
2. Investment Powers: Detailed investment guidelines and restrictions - particularly relevant for investment trusts
3. Charitable Purposes: Required for charitable trusts - specifies charitable objectives and beneficiary selection criteria
4. Dispute ReΊμΠΣΦ±²₯: Alternative dispute reΊμΠΣΦ±²₯ procedures - recommended for family trusts
5. Protection Provisions: Special provisions protecting assets from creditors - relevant for asset protection trusts
6. Foreign Assets: Required if trust will hold overseas assets - addresses international management aspects
7. Special Powers: Additional powers granted to specific trustees or protectors - used in complex trust structures
1. Schedule A - Initial Trust Property: Detailed list and description of all initial trust assets
2. Schedule B - Trustee Details: Full details of initial trustees including contact information and identification
3. Schedule C - Beneficiary Details: Complete list of initial beneficiaries and their respective interests
4. Schedule D - Trustee Powers: Comprehensive list of specific powers granted to trustees
5. Schedule E - Administrative Provisions: Detailed administrative procedures and requirements
6. Appendix 1 - Acceptance of Trusteeship: Forms for trustees to formally accept their appointment
7. Appendix 2 - Deed of Adherence: Template for adding new trustees or beneficiaries
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