REGISTRATION OF TRUSTS IN KENYA
On 3rd June 2024, the Business Registration Service (BRS) started receiving new application for registration of trusts following the change of mandate from the State Department for Land and Physical Planning.
BRS has now implemented the online registration system on Ecitizen. The new system now permits application for registration of the following types of trusts:
Family Trust -this is a trust that is registered or incorporated by any person (s), whether jointly or as an individual, for the purposes of planning or managing their personal estate.
Charitable Trust -this is a trust formed for the exclusive purpose of the relief of poverty, the advancement of education, religion or human rights and fundamental freedoms, or the protection of the environment or any other purpose beneficial to the general public.
Non-charitable Trust -is a trust created for a specific purpose, whether partly charitable or not, provided that the purpose/objects of the trust are not illegal.
Incorporation requirements:
- Proposed name of the trust which must have the word ‘Registered Trustees’ at the end.
- Objects or purpose of the trust.
- A duly completed application for incorporation Form TR1.
- Duly registered trust deed or constitution that clearly sets out the name of the trust, Objectives of the trust and Intended beneficiaries.
- The petition for incorporation of the trust (duly commissioned by a Commissioner for Oaths).
- Diagrammatic representation of the trust’s common seal.
- Minutes appointing trustees.
- Copy of title deed belonging to the trust or one of the trustees or other documents of asset or property ownership.
- Current search indicating ownership position of assets property.
- Financial statement of the organization or of one trustee such as a current bank statement.
- Statement of donor funding/commitment.
- Brief Summary of the Trust (should not exceed 1 Page)
- Curriculum vitae (resume) of the trustees or employees.
- Certified copies of ID, KRA Pin and passport photos of the Settlor, Trustees, beneficiaries and enforcers if any.
- Incorporation fees Ksh. 10050.00
At A.O.WANGA ADVOCATES we are happy to assist you with all the trust registration or changes processes.
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