How do I register a trust in Kenya?

Biz Brokers Kenya can assist you in the process of application and registration of a Trust or Charitable Foundation in Kenya.
Trusts are registered under the Registration of Documents Act and under the Trustees (Perpetual Succession) Act.

Procedure for Registration of a Charitable Trust in Kenya.

  1. Preparation of Trust Deed
    The Trust deed contains the following.
    - Objectives of the Trust.
    - The Name of the Trust.
    - The Names in full and addresses of the Trustees.
    - Powers of the Trustees including powers of the trustees to change and appoint other trustees.

  2. Stamp Duty
    After preparation of the Trust Deep and the document being signed appropriately by the Trustees. The Trust Document is submitted for Stamp duty.

  3. Registration under the Registry of Documents Act.
    After the Trust Document is stamped, the next stage is to register the Trust Deed under the Registry of Documents Act.
    This process may take 1 - 3 weeks.
    The registration under this Act does not make the document a Trust yet.

  4. Incorporation under the Perpetual Successions Act.
    After registration under the Registry of Documents, a Certified copy of the trust deed and a petition for incorporation prepared in the prescribed form is then lodged with the Minister for Lands for incorporation of the trust
    The petition must state, inter alia, that the trustees are desirous of being incorporated into a Trust under the Act and give a representation of the common seal of the trust, which must be rounded in shape and with the name of the trust inscribed thereto.
    The process takes an average of 3 to 6 months to the issuance of a certificate of Incorporation.

  5. Registration Certificate of Incorporation is processed thereafter.

Requirements for registration of a Trust in Kenya.

  1. Trust Deed.
  2. Objectives of the Trust.
  3. Names of the Trustees in Full.
  4. Postal addresses of the Trustees.
  5. Proposed Physical address of the Trust. Address includes road, plot number, town, county.
  6. Copy of ID / Passport of the Trustees.
  7. The Petition to the Minister.
  8. Minutes appointing the Trustees.
  9. Seal of the Trust
  10. The Financial statement of the trust .
  11. CV of the Trustees / employees.
  12. Passport photos of the Trustee.
  13. Statement of donor funding
  14. Copy of title documents showing ownership of immovable property owned by the trust
  15. Copy of PIN certificate of the Trustees.

What is a trust deed in Kenya?

A Trust Deed is an document that contains the terms and conditions that governs the relationship between the trustees and beneficiaries in the management and control of a Trust. It gives the trustee the power to carry out the wishes of the settlor.

Where are trusts registered In Kenya?

Trusts are registered at the Lands office under the Registrar of documents and Registrar of Trusts..

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