Since the recent amendments to the Trustees (Perpetual Succession Act) Cap. 164, the Business Registration Service (“BRS”) began receiving applications for registration and incorporation of trusts since 3 June 2024.
For an individual(s) looking to incorporate a trust in Kenya, here is a simplified guide on what you need to know.
There are three types of trusts that can be incorporated in Kenya. These are:
1. Family Trust
2. Charitable Trust
3. Non-charitable Trust
The incorporation process is now fully online, and the application is filed through manual.brs.go.ke. The application can be made by either the settlor, trustee, enforcer or an advocate.
The following information is required to incorporate a Trust:
- Proposed name which must have the word ‘Registered Trustees’ at the end;
- Constitutional Instrument of the Trust;
- A duly completed application for incorporation in the prescribed form (Form TR1) which is available on brs.go.ke;
- A Petition to have the trust incorporated. The document must be commissioned by a Commissioner for Oaths;
- Duly Registered trust deed (registered under RDA with the Ministry of lands) or constitution;
- Statement of donor funding/commitment;
- 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 listed;
- Financial statement of the organization or of one trustee such as a current bank statement;
- Minutes appointing the Trustees;
- Brief Summary of the Trust which should not exceed 1 page;
- Curriculum vitae of the trustees or employees;
- Diagrammatic representation of the common seal; and
- Certified copies of ID, KRA Pin and passport photos of the Settlor, Trustees, beneficiaries and enforcers if any.
These guidelines, as anticipated, help your business through smoother and more efficient procedures for establishing and managing Trust structures, enabling you to focus your resources on core operations and strategic initiatives.
This alert serves the purpose of general guidance and is not intended to constitute specific legal advice. For legal advice concerning this alert, please contact our Partners Nishit.Maru@CMS-DI.com and
Alex.Muchira@CMS-DI.com.
*Contributors
Laura Lwigado, Associate
