Qualified affidavit; contents

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A qualified affidavit shall state that:

The transferor has full right, title, and authority to transfer the assets to the trust;

The transfer of the assets to the trust will not render the transferor insolvent;

The transferor does not intend to defraud a creditor by transferring the assets to the trust;

The transferor does not have any pending or threatened court actions against the transferor, except for those court actions identified by the transferor on an attachment to the affidavit;

The transferor is not involved in any administrative proceedings, except for those administrative proceedings identified on an attachment to the affidavit;

The transferor does not contemplate filing for relief under the provisions of the federal bankruptcy code;

The assets being transferred to the trust were not derived from unlawful activities; and

The transferor is a named insured of a general liability insurance policy and, if applicable, a professional liability insurance policy, with policy limits of at least One Million Dollars ($1,000,000.00) for each respective policy.


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