Code of Federal Regulations (Last Updated: November 8, 2024) |
Title 5 - Administrative Personnel |
Chapter XVI - Office of Government Ethics |
SubChapter B - Government Ethics |
Part 2634 - Executive Branch Financial Disclosure, Qualified Trusts, and Certificates of Divestiture |
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]