CHAPTER 5:03
TRUSTEES INCORPORATION
ARRANGEMENT OF SECTIONS
SECTION
1. Short title
2. Interpretation
3. Upon application of trustees Minister may grant certificate of registration
4. Trusts not affected
5. Liability of trustees notwithstanding incorporation
6. Manner of vesting land
7. Vacancies in trustees
8. Name and change of name
9. Change in constitution
10. Contracts made by trustees
11. Gifts to charity before incorporation to have same effect afterwards
12. Registrar may strike off a defunct corporate body
13. Service of process and notices
14. Register
15. Rules
16. Transitional
5 of 1962
18 of 1996
G.N. 22/1963
219/1964(N)
An Act to amend the law relating to the incorporation of the Trustees of certain Charities and Associations
This Act may be cited as the Trustees Incorporation Act.
In this Act, unless the context otherwise requires—
18 of 1996
“constitution” means the rules, regulations and documents, relating to the objects of a charity or association and regulating the affairs thereof, and the appointment of trustees or other officers thereof;
18 of 1996
“public security” includes the prevention and suppression of violence, intimidation, disorder, crime, mutiny, rebellion and concerted defiance of and disobedience to lawfully constituted authority and laws in force in Malawi, and the maintenance of the administration of justice;
“Registrar” means the Registrar General;
“trustees” includes a sole trustee.
3. Upon application of trustees Minister may grant certificate of registration
(1) Trustees of any charity for religious, educational, literary, artistic, scientific or public charitable purposes or of any association of persons for any religious, educational, literary, artistic, scientific, social, athletic or charitable purpose or for any purpose which in the opinion of the Minister is for the benefit or welfare of the inhabitants of Malawi or any part thereof may apply in the prescribed manner to the Minister for a certificate of incorporation of the trustees of such charity or association as a corporate body.
18 of 1996
(2) If the Minister, having regard to the extent, nature and objects and other circumstances of the charity or association, shall consider such incorporation expedient he may grant such certificate:
18 of 1996
Provided that if the Minister is satisfied that it is necessary for the preservation of public security so to do, he may refuse to grant such certificate.
(3) Upon the issue of a certificate under subsection (2), the trustees shall thereupon become a body corporate by the name described in the certificate and shall have perpetual succession and a common seal and power to sue and to be sued in such corporate name.
(4) Subject to this Act, such body corporate shall also have power to hold and acquire and, by instrument under its common seal, to convey, assign, transfer, mortgage, demise or otherwise deal with any property movable or immovable or any interest therein belonging to or held on trust for the charity or association in the like manner and subject to such restrictions and provisions as the trustees of the charity or association might without incorporation convey, assign, transfer, mortgage, demise or otherwise deal with such property or interest for the purposes of the charity or association.
(5) A certificate of incorporation so granted shall be conclusive evidence that all the requirements in respect of such incorporation have been complied with and the date of incorporation mentioned in such certificate shall be deemed to be the date at which incorporation has taken place.
Any property movable or immovable vested in, transferred to, held or acquired by the body corporate shall be held for the purposes of the charity or association and in such and the like manner as it was held by the trustees prior to incorporation, subject to this Act.
5. Liability of trustees notwithstanding incorporation
After a certificate of incorporation has been granted under this Act, all trustees of the charity or association, notwithstanding their incorporation, shall be chargeable for such property as shall come into their hands and shall be answerable and accountable for their own acts, receipts, neglects and defaults and for the due administration of the property of the charity or association, in the same manner and to the same extent as if no such incorporation had been effected.
(1) Any immovable property may be vested in a body corporate to which a certificate has been issued under section 3, in accordance with any other law relating to such matters or in accordance with this section.
(2) Subject to section 17 (1) of the Deeds Registration Act, the certificate of incorporation or a copy thereof certified under the hand of the Registrar may be registered in the Deeds Registry provided that…
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