Biz Brokers Kenya can assist you in the process of application and registration of a Trust in Kenya.
Trusts in Kenya are registered, governed and regulated under the following statustes.

• Trustees Act: Governs the creation and operation of trusts.
• Trustees (Perpetual Succession) Act (Cap. 164 of the Laws of Kenya): Provides for the incorporation of trusts, giving them a distinct legal personality.
• Income Tax Act and Tax Procedures Act: Affect the tax obligations and procedural aspects for trusts.
• Registration of Documents Act (Cap. 285): Trust deeds were previously registered under this Act, but this process does not confer corporate status.

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A trust is a fiduciary arrangement where the settlor (creator of the trust) transfers legal ownership of assets to a trustee (the party responsible for managing the trust) for the benefit of beneficiaries (the individuals or entities benefiting from the trust). The primary components of a trust are.

1. Settlor: The individual or entity who creates the trust and transfers assets into it.
2. Trustee: The person or entity tasked with managing the trust's assets in accordance with the trust deed.
3. Beneficiary: The person or entity that benefits from the assets held in the trust.

There are generally three types of Trusts in Kenya.

1. Family Trust Established to manage and plan the personal estate of an individual or family. This can be either living or testamentary, and can include charitable or non-charitable purposes
2. Charitable Trsuts
Formed to achieve specific charitable objectives such as the relief of poverty, advancement of education or religion, protection of the environment, or other public benefits
3. Non charitable Trsuts Created for specific purposes, whether charitable or not, as long as the purposes are legal

Procedure for Registration of a Charitable Trust in Kenya.

1. Preparation of Trust Deed
   The Trust deed contains the following.
   - Objectives of the Trust.
   - The Name of the Trust.
   - The Names in full and addresses of the Trustees.
   - Powers of the Trustees including powers of the trustees to change and appoint other trustees.


2. Stamp Duty
   After preparation of the Trust Deep and the document being signed appropriately by the Trustees. The Trust Document is submitted for Stamp duty.


3. Registration under the Registry of Documents Act.
   After the Trust Document is stamped, the next stage is to register the Trust Deed under the Registry of Documents Act.
   This process may take 1 - 3 weeks.
   The registration under this Act does not make the document a Trust yet.


4. 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 is then lodged with the Minister for Lands for incorporation of the trust
   The petition must state, inter alia, that the trustees are desirous of being incorporated into a Trust under the Act and give a representation of the common seal of the trust, which must be rounded in shape and with the name of the trust inscribed thereto.
   The process takes an average of 3 to 6 months to the issuance of a certificate of Incorporation.


5. Registration Certificate of Incorporation is processed thereafter.

Requirements for registration of a Trust in Kenya.

1. Objectives of the Trust.
2. Names of the Trustees in Full.
3. Postal addresses of the Trustees.
4. Proposed Physical address of the Trust. Address includes road, plot number, town, county.
5. Seal of the Trust
6. Application Form (TR1): Complete and upload the prescribed application Form TR1.
7. Petition: Submit a petition for the incorporation of the trust, duly commissioned by a Commissioner for Oaths.
8. Duly Registered Trust Deed or Constitution: Provide a copy of the trust deed or constitution that has been registered and includes details such as the name, objectives, and beneficiaries of the trust.
9. Statement of Donor Funding/Commitment: Upload a statement detailing the funding or commitment from donors to the trust.
10. Title Deed: Include the title deed belonging to the trust or one of the trustees as proof of ownership of the property.
11. Current Title Deed Search: Provide a recent search indicating the current ownership status of the assets listed.
12. Financial Statement: Upload a financial statement of the organization or one trustee, such as a recent bank statement.
13. Passport Photos: Submit passport-sized photos of each trustee. Each photo must bear the name of the trustee.
14. Certified Copies of IDs: Provide certified copies of the IDs for the settlor, trustees, and any other key personnel involved.
15. Certified Copies of KRA PINs: Upload certified copies of the Kenya Revenue Authority (KRA) Personal Identification Numbers (PIN) for the settlor, trustees, and any relevant parties.
16. Minutes Appointing the Trustees: Include minutes of the meeting or resolution appointing the trustees to manage the trust.
17. Curriculum Vitae (CV) of Trustees or Employees: Provide a CV for each trustee or key employee involved with the trust.
18. Brief Summary of the Trust: Upload a brief summary of the trust, not exceeding one page, outlining its purpose and objectives.
19. Diagrammatic Representation of the Common Seal: Include a diagrammatic representation of the trust’s common seal.
20. Other Relevant Documents: Submit any additional documents that may be relevant to the trust registration process.
21. Form TR 1 Download Form TR1 here.

Cost of registration of a trust in Kenya.

There are several processes involved in the registration of a trust in Kenya. This include

1. Preparation of the Trust Deed or constitution.
2. Registration of the Trust as a document.
3. Payment of Stamp Duty
4. Incoporation of a Trust.

Each of this have seperate costs.
The fee for trust incorporation is KSh 10,050.

What is a trust deed in Kenya?

A Trust Deed is an document that contains the terms and conditions that governs the relationship between the trustees and beneficiaries in the management and control of a Trust. It gives the trustee the power to carry out the wishes of the settlor.

Where are trusts registered In Kenya?

The State Department for Land and Physical Planning ceased receiving new applications for trust registration. The Business Registration Service (BRS) now oversees the entire process of registration of a trust in kenya, including the registration of trusts, issuance of certificates of incorporation, maintaining trust registers, and creating regulations governing trust operations in Kenya.

Send an email for how to open a trust fund in kenya to info@bizbrokerskenya.com

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Registration of Trusts in Kenya.