Appendix A to Part 2634 - Certificate of Independence (Form Approved: OMB Control No. 3209-0007)  


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  • Appendix A to Part 2634 - Certificate of Independence (Form Approved: OMB Control No. 3209-0007)

    The Certificate of Independence required by § 2634.405(d)(2) shall be executed as follows:

    Certificate of Independence

    With respect to the trust of ____ (Settlor), which has been submitted to the Office of Government Ethics for certification pursuant to the Ethics in Government Act of 1978 (Pub. L. 95-521, as amended), the undersigned proposed [Trustee] [____] of such trust is a financial institution which is eligible to serve in such fiduciary capacity in accordance with section 102(f)(3)(A) of such Act:

    FIRST: The undersigned is (check one) -

    ( ) a bank, as defined in 12 U.S.C. 1841(c), or

    ( ) an investment adviser, as defined in 15 U.S.C. 80b-2(a)(11), not more than 10 percent of which is owned or controlled by a single individual.

    SECOND: The undersigned -

    (1) Is independent of and unassociated with any interested party so that the undersigned cannot be controlled or influenced in the administration of the trust by any interested party; and

    (2) is not and has not been affiliated with any interested party, and is not a partner of, or involved in any joint venture or other investment or business with any interested party.

    THIRD: Any director, officer, or employee of the undersigned -

    (1) Is independent of and unassociated with any interested party so that such director, officer, or employee cannot be controlled or influenced in the administration of the trust by any interested party;

    (2) Is not and has not been employed by any interested party, nor a director, officer, or employee of any organization affiliated with any interested party, and is not and has not been a partner of, or involved in any joint venture or other investment or business with, any interested party; and

    (3) Is not a relative of any interested party.

    FOURTH: The undersigned certifies that the statements contained herein are true, complete and correct to the best of such undersigned's knowledge and belief.

    Date___

    (firm)___

    By:___

    (title)___

    Note:

    See Appendix C of this part for Privacy Act and Paperwork Reduction Act notices.

    [57 FR 11829, Apr. 7, 1992, as amended at 63 FR 58620, Nov. 2, 1998; 77 FR 39150, July 2, 2012]