BRS TAKES OVER REGISTRATION OF TRUSTS IN KENYA

Following the enactment of the Statute Law (Miscellaneous Amendment) Act, 2024 (the Amendment Act) which came into force on 24^th April 2024. The amendment Act amended various Acts of Parliament including the Trustee (Perpetual Succession) Act which was amended to transfer Trusts registration mandate from the State Department for Land and Physical Planning to the Registrar of Companies.

With effect from 22^nd May 2024, the State Department for Land and Physical Planning has ceased receiving new applications for trust registration and the Business Registration Service (BRS) has taken over the responsibility of trust registration, issuance of certificate of incorporation, maintaining trust registers and creation of regulations affecting trust operations in Kenya.

As from 3^rd June 2024, the Business Registration Service located at 316 chambers, Ngong Avenue Nairobi will start receiving new application for trust registration and the Nairobi Central Registry shall complete all the pending application following the change of mandate.

This change is aimed at streamlining trust registration procedures in Kenya thus making it efficient for applicants and reduce the back and forth of interacting with many different registries and government authorities in the registration process.

Below are Trust registration requirements:

1. Duly registered trust deed or constitution the clearly sets out the name of the trust, Objectives of the trust and Intended beneficiaries.
2. The petition for registration of trust.
3. Diagrammatic representation of the trust’s common seal.
4. Abstract of minutes appointing trustees.
5. Copy of the title documents as proof the body is in possession of immovable property.
6. Application form.
7. The organization’s current financial status (e.g. bank statements).
8. Statement of donor funding/commitment.
9. Curriculum vitae (resume) of the trustees or employees.
10. Certified copies of ID/passport and KRA PIN certificate.
11. Passport size photographs.
12. Brief summary of the trust. And
13. Applicable fees

It is also important to note that the organization should strictly be non-political and not profit making.

As BRS takes over the registration mandate, we await to see if there will be a change in registration timeline from the previous almost 7 months before the incorporation certificate was issued.

At A.O.WANGA ADVOCATES we are happy to assist you with all the registration process.

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