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Certificate Of Fiduciary Authority Template for England and Wales

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Key Requirements PROMPT example:

Certificate Of Fiduciary Authority

"I need a Certificate of Fiduciary Authority to appoint our corporate trustee (BlackRock Trust Services Ltd) to manage our family trust's investment portfolio, with authority to make investment decisions up to £500,000 per transaction, effective from March 1, 2025."

Document background
The Certificate of Fiduciary Authority is essential when there's a need to formally document and verify a fiduciary's powers to act on behalf of another party. It is commonly used in England and Wales for trust administration, estate management, and financial dealings where clear evidence of authority is required. The certificate details the specific powers granted, any limitations, and the duration of the authority. It provides third parties with assurance about the fiduciary's legitimate powers and helps prevent unauthorized actions. This document is particularly important for compliance with UK trust law and fiduciary duty requirements.
Suggested Sections

1. Identification of Fiduciary: Full legal name, address, and contact details of the appointed fiduciary

2. Scope of Authority: Detailed description of powers and responsibilities granted to the fiduciary

3. Duration of Authority: Time period or conditions for which the fiduciary authority is valid

4. Certification Statement: Formal declaration of the granting of authority and acknowledgment of fiduciary duties

5. Authentication: Official signatures, witnessing details, and notarization requirements

Optional Sections

1. Delegation Powers: Details of authority to delegate responsibilities, included when delegation may be necessary

2. Investment Authority: Specific investment powers and limitations, included when financial management is part of duties

3. Reporting Requirements: Specific accountability and reporting obligations, used for complex fiduciary arrangements

Suggested Schedules

1. Schedule of Assets: Comprehensive list of assets under fiduciary control

2. Specimen Signatures: Authenticated signatures of all authorized parties

3. Supporting Documentation: Copies of relevant trust deeds, powers of attorney, or court orders establishing authority

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions














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Relevant Industries
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Industries

Trustee Act 2000: Primary legislation that sets out the general powers and duties of trustees, defines the standard of care required, and outlines investment powers and delegation authority

Trustee Act 1925: Foundational legislation covering fundamental trustee powers and responsibilities, including appointment and retirement of trustees, and administrative powers

Mental Capacity Act 2005: Relevant for fiduciary authority relating to managing affairs of individuals lacking capacity, defining requirements for acting in best interests

Powers of Attorney Act 1971: Legislation governing power of attorney arrangements and related fiduciary responsibilities

Common Law Fiduciary Principles: Established legal principles including duty of care, duty of loyalty, duty to act in best interests, no conflict of interest, and no secret profit rules

Financial Services and Markets Act 2000: Regulatory framework relevant when fiduciary duties involve financial investments or services

Data Protection Act 2018 and UK GDPR: Legislation governing the handling and protection of personal information in fiduciary relationships

Companies Act 2006: Relevant legislation when fiduciary duties relate to corporate matters or business 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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