Summer services update
Which A&I form to complete and who should sign
There are 3 different A&I forms: private individual, private corporate, and public corporate. The A&I form you need, and who should sign, depends on the type of entity you are acting for. The most common trust examples are set out below.
If you are unsure whether the entity you are dealing with is a private corporate or a public corporate, you should use the Private Corporate A&I form.
| Trusts | A&I form to complete | Who signs |
|---|---|---|
| Trustee (individuals) | Private Individual | All private individual trustees |
| Trustee (trustee company) | Private Corporate | Director(s) and/or authorised signatory |
| Charitable trust (not incorporated under s7 Charitable Trusts Act 1957) | Private Individual | All private individual trustees |
| Incorporated charitable trust | Private Corporate | Authorised signatory(s) in line with the trust’s governing statute |
| Large trustee company (e.g. Public Trust, Guardian Trust, Trustees Executors Limited) | Public Corporate | Authorised signatory |
Requirements for authority and identity
The requirements for authority and identity are set out in the Authority and Identity Requirements for E-Dealing Standard 2024 – LINZ S 01308 and the Authority and Identity Requirements for E-Dealing Guideline 2024 – LINZ OP G 01309.
Authority and Identity Requirements for E-Dealing Standard 2024 – LINZ S 01308
Authority and Identity Requirements for E-Dealing Guideline 2024 – LINZ OP G 01309
The guidance covers:
- definitions of private corporate and public corporate
- authority from private corporates and public corporates
- authority under a power of attorney
- A&I forms and other forms of authority
- legal capacity for corporates
- electronic signatures
- confirmation of identity, and more.
Authority under a power of attorney
Clause 2.2 of the Guideline provides guidance on what is required for a power of attorney to have legal effect, the steps practitioners must take to confirm the power of attorney is operative and confers the necessary power to authorise the transaction, and additional checks that should be made if the practitioner did not act when the power of attorney was granted.
A trustee may delegate, by power of attorney, all or any of the trustee’s powers or functions under s70 of the Trusts Act 2019 when they are outside of NZ, temporarily unable to be contacted or temporarily incapacitated.
By contrast, an attorney appointed under an enduring power of attorney in relation to property represents the donor in their personal capacity only and does not have powers to act in a trustee capacity. An enduring power of attorney can only be used to remove a trustee in the limited circumstances described in s92(1)(c) of the Trusts Act 2019.
Confirming the identity of the authorised signatories
Clauses 9-11 of the Guideline provide guidance on how to confirm identity for new clients, existing clients, and non-client parties.
You must confirm the identity of each individual trustee who signs the A&I form.
For private corporate bodies, you must confirm the identity of the authorised signatories. This applies even when two or more directors have signed on behalf of the trustee company.
If an A&I form is signed by an attorney under a power of attorney (whether for a private individual or a private corporate body), you must confirm the identity of the attorney.
Transferring trust property
In every transfer by trustees of a trust, every trustee who is a registered owner of the land must sign an A&I form (or have an A&I signed on their behalf if using the s117 Trusts Act 2019 process for removed trustees). Each trustee must also provide a land transfer tax statement.
If the trustees of a trust include both private individuals and a trustee company, you’ll need authority from all of the individuals who are trustees and the trustee company. As the confirmation statements in section 4 of the three different A&I forms are different, separate A&I forms must be used for an individual and a private or public corporate.
If a trustee ceases to act as trustee
Where land is held by the registered owners in a trust, and a trustee retires or a new trustee is appointed, any change in the legal ownership is usually dealt with by registering a transfer from all the existing registered owners to the new or continuing trustees.
The A&I forms must be signed by all transferors and transferees, including an outgoing trustee. One A&I form can be used for a trustee who is both a transferor and transferee as long as it lists both roles.
If outgoing trustee can’t or won’t sign an A&I form to transfer trust property
Under the Trusts Act 2019, a trustee who has retired or been removed must do all things necessary to assist in a divestment of land owned by the trust.
If the removed trustee has lost the capacity to perform trustee functions, or fails or refuses to assist in the transfer, then the new and continuing trustees may complete any formal requirements necessary to transfer the land. This means that they can sign an A&I form on behalf of the removed trustee.
The A&I form to be signed is the A&I form that would have been used by the removed trustee. For example, if the removed trustee is a private individual, the private individual A&I form is used (even if one of the new or continuing trustees signing is a corporate themselves). The following evidence must be retained with the A&I form:
- a copy of the executed document(s) of appointment, removal, or discharge of trustees (signed on or after 30 January 2021), and
- a statutory declaration by a continuing or new trustee under s117(1)(c) of the Trusts Act 2019 that the document was validly executed. A statutory declaration template can be found below.
Each of the transferors and transferees, including the retired or removed trustee, must also provide a land transfer tax statement. The land transfer tax statement for the retired or removed trustee must be signed by all of the new and continuing trustees.
If it is not possible for the new and continuing trustees to complete the transfer of trust property, or the document which removed the trustee was signed before the commencement of the Trusts Act 2019 on 30 January 2021, then a Court Order vesting the property in new trustees will be necessary. The Court Order is then lodged for registration with LINZ using the instrument code, ‘CO’.
A Court Order vesting trust property should not be used as authority to register a transfer instrument.
Transmissions where a trustee has died
If a trustee dies, trust property vests in the surviving trustees by survivorship. A transmission instrument is used to record this in the register. All of the surviving trustees must sign an A&I form authorising the transmission.
If one of the surviving trustees is incapable of performing their functions and has been removed as a trustee, the remaining trustees can use the same provisions in the Trusts Act 2019 to register a transmission by survivorship as they would for a transfer. The remaining trustees can sign the A&I form on behalf of the former trustee and for themselves. The following evidence must be retained with the A&I form:
Supporting both the transmission by survivorship and a following transfer:
- a copy of the executed document of appointment, removal or discharge of trustees (signed on or after 30 January 2021), and
- a statutory declaration by the continuing or new trustees that the document was validly executed. A statutory declaration template can be found below.
Supporting the transmission by survivorship:
- a certified copy of the entry in the Register of Deaths, for the deceased trustee, and
- a statutory declaration for transmission by survivorship by the capable surviving trustee/s covering the usual statements, and also stating that the other surviving trustee is incapable.
A single statutory declaration by the remaining trustee covering both the execution of the document removing the incapable trustee and the death of the other trustee will also be acceptable.