Namibia Trust Directive: New Proof of Residence Requirement for Beneficial Owners

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Namibian members working with trusts should take note of a new directive issued by the Master of the High Court that changes the documentation required when submitting Beneficial Ownership information.

Directive No. 1 of 2026, issued on 2 March 2026 by the Master of the High Court, introduces a stricter verification requirement for beneficial owners of registered trusts. Under the directive, all Beneficial Ownership Declaration Forms submitted to the Master of the High Court must now be accompanied by proof of residence for each declared beneficial owner.

What this means

1. Proof of residence is now mandatory
   Every Beneficial Ownership Declaration Form submitted to the Master of the High Court must include a certified proof of residence for each beneficial owner.

2. The document must be recent
   The proof of residence cannot be older than three months unless the Master specifically accepts otherwise.

3. Acceptable proof of residence includes:

   ➡️Municipal utility or services account

   ➡️Title deed showing ownership of the residence

   ➡️Signed lease agreement

   ➡️Confirmation letter from a Village Council or recognised Traditional Authority for communal areas

   ➡️A sworn police declaration confirming residence if none of the above documents are available.

4. Responsibility lies with trustees and practitioners
   Trustees, trust practitioners, and those preparing or submitting Beneficial Ownership declarations must ensure the correct proof of residence is attached before submitting the forms.

5. Non-compliant submissions may be rejected
   If the required proof of residence is missing, the Master of the High Court may reject the submission, and it will not be considered a valid filing for compliance purposes.

Practical implications

From a practitioner’s perspective, the Directive appears to:

1. Introduce KYC-style verification requirements similar to those required under the Financial Intelligence Act.

2. Increase the administrative responsibility of accountants and trust administrators who prepare and submit BO declaration forms.

3. Potentially create submission delays where beneficiaries reside in communal areas or where formal proof of residence is difficult to obtain.

When does this apply?

The directive came into effect on 2 March 2026, and all submissions made after that date must comply with the new requirements.

Members involved in trust administration should review their processes to ensure proof of residence is collected and verified before Beneficial Ownership forms are submitted, to avoid delays or rejected filings.