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.
Structure Mississippi Code
Chapter 9 - Trusts and Trustees
Article 15 - Mississippi Qualified Disposition in Trust Act
§ 91-9-705. Qualified affidavit; contents
§ 91-9-709. Transferor's powers and rights
§ 91-9-711. Avoidance of qualified disposition
§ 91-9-713. Spendthrift restriction
§ 91-9-715. Qualified trustees; advisors
§ 91-9-717. Investment advisors; service
§ 91-9-719. Failure to meet requirements; qualified trustees