Qualified Affidavit Requirements

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A qualified affidavit shall state that:

  1. The transferor has full right, title, and authority to transfer the assets to the trust;
  2. The transfer of the assets to the trust will not render the transferor insolvent;
  3. The transferor does not intend to defraud a creditor by transferring the assets to the trust;
  4. 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;
  5. The transferor is not involved in any administrative proceedings, except for those administrative proceedings identified on an attachment to the affidavit;
  6. The transferor does not contemplate filing for relief under the federal bankruptcy code; and
  7. The assets being transferred to the trust were not derived from unlawful activities.


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