What Is a Trusteeship Order?
Under the Constitution of Iran, an endowment is a legal instrument by which property is removed from private ownership and dedicated to charitable purposes or to the service of God.
A trustee carries out the administration of endowed property. In practice, proper administration of an endowment requires that the trustee obtain an official trusteeship order from the competent authority.
Supervision of the Trustee and the Possibility of Removal or Replacement
The Legal Concept of Trusteeship
To properly address the concept of a trusteeship order, it is first necessary to understand the meaning of trusteeship in legal terms. Trusteeship refers to the administration and management of endowed property. The trustee is the individual appointed to manage the endowment’s affairs.
The founder of the endowment may personally administer the endowed property, appoint another person as trustee, or share the administration jointly with another individual. Accordingly, the management of the endowment may be vested in the founder or a third party. The founder must specify the manner of trusteeship within the endowment deed.
If this is not done, the founder will have no authority to determine the method of administration after the execution of the endowment contract.
Duties of the Trustee
Certain obligations arise in connection with the administration of an endowment, and these duties rest with the trustee. The duties of the trustee, as determined by the founder, include the following:
- Performing the duties in the order specified by the founder.
- Acting strictly in accordance with the conditions outlined in the endowment contract.
- Refraining from any action contrary to the terms of the endowment contract.
- Not removing other trustees unless such authority is expressly granted in the endowment contract.
- Not delegating trusteeship to another person unless explicitly permitted in the endowment contract.
The Trusteeship Order and the Method of Obtaining It
In legal terminology, when a person is selected as the trustee of an endowment and assumes responsibility for its administration, that person must, before exercising authority, refer to official authorities to prove their trusteeship. A competent authority must confirm the establishment of trusteeship.
A trusteeship order is issued as official proof of a person’s authority to administer the affairs of the endowment.
Required Documents for Filing an Application
- The original endowment deed.
- Original and copies of identification documents of the trustee and the founder, including the national identification card and the birth certificate.
- A sworn statement confirming the relevant facts.
Methods of Obtaining a Trusteeship Order
A trusteeship order may be obtained through one of the following two methods:
Obtaining a Trusteeship Order Through the Endowment Organization
The trustee must submit an application for issuance of a trusteeship order to the Endowment Organization. Upon submission, the relevant office conducts investigations to verify the accuracy of the information provided.
These investigations may include witness interviews, local inquiries, and expert testimony.
The results of the investigation are reported to the Endowment Organization, which then issues a decision based on the findings. The issued trusteeship order may be challenged before a court.
Obtaining a Trusteeship Order Through the Court
Another available method is applying directly to the court. In this case, the trustee must file an application with the judicial service offices, after which the petition is referred to the competent court. Following examination of the endowment deed and verification of evidence, the court issues the trusteeship order.
Methods of Proving Trusteeship for Issuance of the Order
Trusteeship may be proven through the following means:
- Testimony of witnesses.
- Local investigations.
- Referral of the matter to an expert for evaluation.
Frequently Asked Questions About Trusteeship Orders
A trusteeship order is an official authorization issued to confirm a person’s authority to administer an endowment. Competent authorities, such as courts or the Endowment Organization, issue this order. It enables the trustee to manage the affairs of the endowment lawfully.
Trusteeship refers to the administration and management of endowed property. The trustee is the individual responsible for carrying out these duties. The founder may assume trusteeship personally or assign it to another person.
The trustee is required to perform duties specified by the founder, act in accordance with the conditions of the endowment contract, refrain from violating those conditions, and avoid removing or delegating other trustees unless expressly authorized.
A trusteeship order may be obtained either by submitting an application to the Endowment Organization or by filing a petition with the competent court, following review of the endowment deed and supporting evidence.
The required documents include the original endowment deed, the trustee's and founder's identification documents, and a sworn statement confirming the relevant information.
Trusteeship may be proven through witness testimony, local investigation, or expert evaluation. What is a trusteeship order, and what is its purpose?
What do trusteeship and trustee mean?
What are the duties of an endowment trustee?
How can a trusteeship order be obtained?
What documents are required to apply for a trusteeship order?
How can trusteeship be proven for the purpose of obtaining an order?
