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Amendments to the Trustees (Perpetual Succession) Act Cap 164 | Netsheria Trustee Article

Amendments to the Trustees (Perpetual Succession) Act Cap 164

Introduction 

The Trustees (Perpetual Succession) Act is a vital piece of legislation that provides for the incorporation of trusts, ensuring the perpetual succession of property. The recent amendments to this Act, as part of the Statute Law (Miscellaneous Amendments) Act 2024, signed by President William Ruto and gazetted on April 26, 2024, introduce significant changes aimed at enhancing the functionality and governance of trustee operations. This article delves into the specific amendments and their implications. 

Analysis of the amendments to the Act

Prior to the recent amendments, establishing a Trust involved executing a Trust Deed, which then required stamping and subsequent registration at the Lands Registry in accordance with the Registration of Documents Act. This process ensured that the Trust was legally recognized and enforceable.  

However, with the introduction of the amendments, the procedure for registering a Trust has undergone a significant change. The responsibility for the registration of Trusts has now been transferred to the Registrar of Companies. This shift aims to streamline and simplify the procedures involved. With the functions of the registrar of companies now available via e-citizen, this is a step in the right direction by promoting and embracing technology in this critical process.  

Process of registration

The amendment stipulates that the trust registration application form, as specified as in the first schedule, must be submitted along with requisite documents capturing the details of the proposed trust, proposed settlor, trustees and/or enforcers and details of the subject matter property. 

The amendment also removes the requirement by a trust to submit a common seal together with its regulations for its custody and use for registration purposes. 

Conclusion 

What we can draw from the latest amendment is that the registration of a trust is now under the Registrar of companies as opposed to the previous position where the registration was undertaken at the Lands Registry in accordance with the Registration of Documents Act. 

At Netsheria International, we pride ourselves for having a wide variety of skillsets, resources and expertise to meet your needs in matters related to trusts and subsequent incorporation. Kindly visit our website where you can access our services at the click of a button. You can also reach out to us via email on or call us on +254 741 296 087 for any questions or guidance regarding this topic or any other legal queries you may have. 

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