This questionnaire must be completed and signed by all trusts regulated by Law No 063/2021 of 14/10/2021 governing trusts.

The purpose of this questionnaire is to monitor the fulfillment by Trusts and their trustees of their obligations under the law governing trusts in Rwanda.

The questionnaire is also intended to permit the Office of the Registrar General to gather statistics relevant for the upcoming peer review of Rwanda’s compliance with International Standards on Transparency and Exchange of Information by the Global Forum on Transparency and Exchange of Information for Tax Purposes.

The survey must be completed by the Trustee or a dully authorized representative of the Trustee.

1 Step 1

A. DETAILS OF THE TRUST

1. Please indicate the type of Trust

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2. Please provide the name of the trust(in full)

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B. DETAILS OF THE TRUSTEE

3. Please provide details of the Trustee(s) (which must be in Rwanda)

Name(full name)

Village

Cell

District

Province

Select An OptionKigali CityNorthern ProvinceSouthern ProvinceWestern ProvinceEastern Province

Emaila valid email

email

Tel

P.O. Box

C. OBLIGATION TO MAINTAIN A REGISTER OF BENEFICIAL OWNERS (article 87 of the law governing trusts)

4. Pursuant to article 87 of the law governing trusts, there is a legal requirement for the trustee to obtain, verify and hold adequate, accurate and up-to-date information in respect of the trust’s beneficial owners. Have you taken measures to obtain, verify and hold adequate, accurate and up-to-date information in respect of the beneficial owners of the above trust?

YesNo

5. If the answer to question 4 is yes, have you recorded the beneficial ownership information in an internal register of beneficial owners?

YesNo

6. Pursuant to article 87 of the law governing trusts, the internal register of beneficial owners must be updated whenever there is a change to the particulars of the beneficial owner within fourteen days from the date on which such changes occur, has any such change happened over the past year?

YesNo

7. If the answer to Question 6 above is yes, have you recorded any changes to the particulars of beneficial owners?

YesNoNot applicable (in case the response to question 6 is “No”)

8. Pursuant to article 87 of the law governing trusts, the register of beneficial owners and supporting documents must be maintained at the registered office of the trustee in Rwanda. Do you comply with this obligation?

YesNo

9. In what format do you maintain the internal register of beneficial owners?

YesNoOther (please explain)

(please explain)

10. Which of the following information do you record in the register in respect of each beneficial owner? (Tick the information you record)

Full namesNational identity card /passport numberDate of birth Residential address Business address Telephone number Postal address Email address Nationality Taxpayer identification number Date on which the natural person became a beneficial owner. Date on which the natural person ceased to be a beneficial owner. Nature and extent of interest held in the trust Nature and extent of control exercised over the trust Information sufficient to identify and describe the class of individuals who are beneficial owners in respect of a class of beneficial owners of such a size

11. Pursuant to article 89 of the law governing trusts, there is an obligation for the trustee to give notice to a person it knows or has reasonable cause to believe knows the identity of the beneficial owner of the trust requiring that person to state whether or not he or she is a beneficial owner of the trust; confirm or correct any particulars of that are included in the notice, and supply any particulars that are missing. Have you complied with this requirement?

YesNo

12. In case the response to question 11 is yes, under article 89 of the law governing trusts, the trustee is required to maintain a record detailing the particulars of persons to whom it has issued a notice to provide beneficial ownership information. Have you complied with this requirement?

YesNoNot applicable (in case the response to question 11 is “No”)

13. Pursuant to article 111 of the law governing trusts, the trustee may apply restrictions against a party to the trust if they fail to provide beneficial ownership information when required. Have applied any restrictions based on this provision?

YesNo

14. Pursuant to article 62 of law governing trusts, the trust instrument may confer on a trustee or any other person the power to appoint or assign all or any part of the trust property or an interest in the trust property to trustees for the benefit of a person. Are there any other person(s) with the authority to exercise any of the following powers? - dispose of, advance, lend, invest, pay or apply trust property or property of the trust for the benefit of the beneficiaries; - vary or terminate the trust; - add or remove a person to or from the list as a beneficiary or to or from a class of beneficiaries; - appoint or remove a trustee or give another person control over the trust

YesNo

Please explain in the box below if necessary.

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D. REGISTER OF PARTICIPANTS

15. Pursuant to article 84 of the law governing trusts, there is a legal obligation for the trustee to establish and maintain a register of the participants of the trust he/she manages. Do you comply with this requirement in respect of the above trust?

YesNo

16. In what format do you maintain the register of participants?

Manual Electronic Other (please explain)

(please explain)

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17. Pursuant to article 35 of the law governing trusts, in case there arises any change to trust instrument or trust property that may affect the nature of a trust such as appointment of new or additional trustees or beneficiaries, the trustee or the settlor informs, in writing, the Registrar General and the competent authority of the change within thirty (30) days from the date of the change. Have there been any changes to the trust property or trust instrument within the past year?

YesNo

18. If the answer to question 17 above is “yes”, have you informed in writing the Registrar General of such changes as required by article 35 of the law governing trusts?

YesNo

19. Pursuant to article 84 of the law governing companies, there is a legal requirement for the trustee file details of this register of participants with the Registrar General within fourteen (14) days of compilation. Have you complied with this obligation?

YesNo

E. ACCOUNTING RECORDS/FINANCIAL STATEMENTS

20. Pursuant to article 49 of the law governing companies, the trustee must keep accurate accounts and records of his or her trusteeship for a period of not less than ten (10) years. Do you comply with this obligation in respect of the above trust?

YesNo

21. Are the accounting records prepared in keeping with internationally recognized accounting standards?

YesNo

F. OTHER OBLIGATIONS

22. Pursuant to article 34 of the law governing trusts, a trustee administering a trust created or recognised by this Law must register all trust instruments of holding trust property with the office of the Registrar General within thirty (30) days from the date of the acceptance of the trustee to administer the trust or from the date of the last acceptance of the trustee if there are more than one trustee. Have you complied with this obligation?

YesNo

G. DECLARATION

I hereby declare that the information submitted in this questionnaire is true and correct.

I also declare that I am trustee of the said trust and as such I have full authority to submit the responses to this questionnaire on behalf of the trust.

NB: Please scan and upload a clear copy of your valid Government issued identification.upload

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