How Do I Register a Trust in Kenya?

Published by Raymond Nduga

Aug 13, 2024

Rayness Analytica can help you register your Trust or Charitable Foundation in Kenya. Trusts are registered under the Registration of Documents Act and the Trustees (Perpetual Succession) Act. Here’s a step-by-step procedure for registering a Charitable Trust in Kenya:

Preparation of Trust Deed: This document should contain the following details:

  • Objectives of the Trust.
  • Name of the Trust.
  • Names and addresses of the Trustees.
  • Powers of the Trustees, including the ability to change and appoint other trustees.

Stamp Duty: After the Trust Deed is signed, it must be submitted for stamp duty.

Registration under the Registry of Documents Act: Once the Trust Deed is stamped, it should be registered under the Registry of Documents Act. This process usually takes 1-3 weeks, but note that registration under this Act does not make the document a Trust yet.

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 should be lodged with the Minister for Lands to incorporate the trust. The process takes 3 to 6 months to issue a certificate of Incorporation.

Registration Certificate of Incorporation: Once the incorporation process is completed, a registration certificate of incorporation will be issued.

Here are the requirements for registering a Trust in Kenya:

  1. Trust Deed.
  2. Objectives of the Trust.
  3. Names of the Trustees in Full.
  4. Postal addresses of the Trustees.
  5. Proposed Physical address of the Trust, including road, plot number, town, and county.
  6. Copy of ID / Passport of the Trustees.
  7. The Petition to the Minister.
  8. Minutes appointing the Trustees.
  9. Seal of the Trust.
  10. Financial statement of the trust.
  11. CV of the Trustees/employees.
  12. Passport photos of the Trustee.
  13. Statement of donor funding.
  14. Copy of title documents showing ownership of immovable property owned by the trust.
  15. Copy of PIN certificate of the Trustees.

In Kenya, a Trust Deed is a document that governs the relationship between trustees and beneficiaries in the management and control of a Trust. Trusts are registered at the Lands office under the Registrar of Documents and Registrar of Trusts. For registration requests, send an email to rna@raynessanalytica.com.

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