PROCEDURE FOR REGISTRATION OF A CHARITABLE TRUST AND FOUNDATIONS IN KENYA

Requirements for registration of a Trust in Kenya

         i.            Trust Deed.

       ii.            Objectives of the Trust.

      iii.            Names of the Trustees in Full.

    iv.            Postal addresses of the Trustees.

      v.            Proposed Physical address of the Trust. Address includes road, plot number, town, and county.

    vi.            Copy of ID / Passport of the Trustees.

   vii.            Passport photos of the Trustee.

 viii.            Copy of PIN certificate of the Trustees

Stage 1. Preparation of Trust Deed

A trust deed is an instrument that details 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.

Stage 2. Stamp Duty  

After the trust deed has been drafted and executed appropriately by the Trustees. The Trust Document is submitted for Stamp duty.

Stage 3. Registration under the Registry of Documents Act.

After payment and stamping of the Trust Deed, the deed is lodged for registration.

The registration under this Act does not make the document a Trust yet.

Stage 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.

Stage 5. Registration - Certificate of Incorporation is processed thereafter.

Do you want to register a Charitable Trust/Foundation in Kenya? Let us help you make it easy, mail us at akoffide@lawyer.com