TRUSTEES INCORPORATION: SUBSIDIARY LEGISLATION
TRUSTEES INCORPORATION RULES
under s. 15
G.N. 87/1962
20/1997
22/2005
44/2020
(1) These Rules may be cited as the Trustees Incorporation Rules.
(2) In these Rules references to sections are references to sections of the Act.
(1) In the case of an application under section 3 by trustees of an association, the application shall be made to the Registrar and shall—
(a) be in Form A in the First Schedule;
(b) be accompanied by two copies of the constitution certified by the secretary or other principal officer of the association, and a copy so certified of the minutes of the meeting of the association at which the trustees were authorized to apply for incorporation.
(2) In the case of an application under section 3 by trustees of a charity, the application shall be made to the Registrar and shall—
(a) be in Form B in the First Schedule;
(b) be accompanied by the original of the will, deed or other instrument creating or regulating the charity or by a copy thereof certified by a trustee or authorized officer of the charity.
(3) Every application shall be accompanied by the device in quadruplicate of the proposed common seal and the prescribed fee.
(4) The signatures of the applicants and the statements in the application shall be verified by declaration before a legal practitioner, commissioner for oaths, mayor or District Commissioner or in such other manner as the Registrar shall require.
(5) Any person who knowingly and wilfully makes in such declaration a statement false in a material particular shall be liable to a fine of K500,000, and to imprisonment for three months.
3. Registrar’s report on application
On receipt of an application, the Registrar shall examine the documents presented to him and shall report to the Minister whether—
(a) in his opinion the objects of the association or charity are limited to one or more of the objects specified in section 3;
(b) the constitution of the charity or association makes adequate provision for filling vacancies in the number of trustees and whether an adequate address for service has been furnished;
(c) the trustees of any association have been duly authorized by the association to apply for incorporation;
(d) limitations, and if so what, are placed by the constitution on the disposition of property by the proposed body corporate and what are the provisions regarding the custody and use of the common seal;
(e) the name proposed for the corporate body is identical with a registered business name or that by which a company or body corporate is already registered or so nearly resembles such name as to be calculated to deceive;
(f) in his opinion there is any, and if so what, objection to the application.
(1) The certificate of incorporation issued by the Minister shall be in Form C in the First Schedule.
(2) The original certificate, together with a copy thereof certified by the Registrar, shall be issued to the body corporate and a further certified copy shall be retained by the Registrar.
(3) Securely attached to the original certificate and all copies thereof shall be a copy of the approved device for the common seal.
(4) Every body corporate incorporated or deemed to be incorporated under the Act shall have its name engraven in legible characters on its seal, and if any such body corporate fails to comply with this subrule, the body corporate shall be liable to a fine of K500,000, payable to the Registrar on demand:
Provided that in the cases provided for by section 16, the body corporate may continue to use a common seal which is not engraven until the expiration of a period of twelve months after the coming into operation of the Act or until the approval of a new device for its common seal, whichever shall first happen.
(1) The appointment of a new trustee shall be notified in writing to the Registrar within twenty-eight days after such appointment with particulars of the name and address of the trustee.
(2) Every such notification shall be accompanied by the original document (if any) effecting the appointment and information regarding the death or retirement of any prior trustee, and the prescribed fee.
(3) The Registrar may require further evidence by statutory declaration or otherwise in verification of the facts notified and on being satisfied of the truth thereof shall make the necessary entries in the register maintained by him and shall return any document effecting the appointment which was presented to him.
The return to be made under section 7 (2) shall be in Form D in the First Schedule.
(1) If any body…
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