Trustees Incorporation Act

Grant of certificate as a corporate body

(1)

Trustees or a trustee may be appointed by any body or association of persons established for any religious, educational, literary, scientific, social or charitable purpose, and such trustees or trustee may apply, in the manner hereafter mentioned, to the Minister for a certificate of registration of the trustees or trustee of such body or association of persons as a corporate body.

(2)

If the Minister, having regard to the extent, nature and objects and other circumstances of such body or association of persons, considers that incorporation expedient, he or she may grant such certificate accordingly, subject to such conditions or directions generally as he or she shall think fit to insert in the certificate, and particularly relating to-

(a)

the qualifications and number of the trustees;

(b)

their tenure and avoidance of office;

(c)

the mode of appointing new trustees;

(d)

the custody and use of the common seal;

(e)

the amount of the land which the trustees may hold; and

(f)

the purposes for which that land may be applied.

(3)

The trustees or trustee 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 be sued in the corporate name, and subject to the conditions and directions contained in the certificate to hold and acquire, and, by instruments under the common seal, to convey, assign and demise any land or any interest in land now or hereafter belonging to, or held for the benefit of, such body or association of persons, in such and the like manner, and subject to such restrictions and provisions, as such trustees or trustee might, without such incorporation, hold or acquire, convey or assign, or demise the same for the purposes of such body or association of persons.

Section analysis Source-linked statutory analysis Source linked

Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.

What this section does

Statutory power

This section confers or regulates the statutory power described as “Grant of certificate as a corporate body”.

“(1) Trustees or a trustee may be appointed by any body or association of persons established for any religious, educational, literary, scientific, social or charitable purpose, and such trustees or trustee may apply, in the manner hereafter mentioned, to the Minister for a certificate of registration of the trustees or trustee of such body or association of persons as a corporate body.”

Primary legislation Source quotation matched

Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

9

(1) Trustees or a trustee may be appointed by any body or association of persons established for any religious, educational, literary, scientific, social or charitable purpose, and such trustees or trustee may apply, in the manner hereafter mentioned, to the Minister for a certificate of registration of the trustees or trustee of such body or association of persons as a corporate body.
(2) If the Minister, having regard to the extent, nature and objects and other circumstances of such body or association of persons, considers that incorporation expedient, he or she may grant such certificate accordingly, subject to such conditions or directions generally as he or she shall think fit to insert in the certificate, and particularly relating to-
(a) the qualifications and number of the trustees;
(b) their tenure and avoidance of office;
(c) the mode of appointing new trustees;
(d) the custody and use of the common seal;
(e) the amount of the land which the trustees may hold; and
(f) the purposes for which that land may be applied.

1 further item remain in the statutory text above.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Estate to vest in body corporate

The certificate of incorporation shall subject to compliance with any law for the time being in force relating to the registration of title to land, vest in the body corporate all real and personal estate, of what nature or tenure soever, belonging to or held by any person or persons in trust for that body or association of persons, and thereupon any person or persons in whose name or names any stocks, funds or securities shall be standing in trust for the body or association of persons, shall transfer those stocks, funds or securities into the name of that body corporate, and all covenants and conditions relating to any such real estate enforceable by or against the trustees of that real estate before their incorporation shall be enforceable to the same extent and by the same means by or against them after their incorporation

Section analysis 1 source-matched judicial passage Source linked

Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.

What this section does

Definition

This section supplies the definitions or statutory meaning governing “Estate to vest in body corporate”.

“The certificate of incorporation shall subject to compliance with any law for the time being in force relating to the registration of title to land, vest in the body corporate all real and personal estate, of what nature or tenure soever, belonging to or held by any person or persons in trust for that body or association of persons, and thereupon any person or persons in whose name or names any stocks, funds or securities shall be standing in trust for the body or association of persons, shall transfer those…”

Primary legislation Source quotation matched

Practical effect

Use this definition when interpreting other provisions that employ the language addressed by “Estate to vest in body corporate”.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

1

The certificate of incorporation shall subject to compliance with any law for the time being in force relating to the registration of title to land, vest in the body corporate all real and personal estate, of what nature or tenure soever, belonging to or held by any person or persons in trust for that body or association of persons, and thereupon any person or persons in whose name or names any stocks, funds or securities shall be standing in trust for the body or association of persons, shall transfer those stocks, funds or securities into the name of that body corporate, and all covenants and conditions relating to any such real estate enforceable by or against the trustees of that real estate before their incorporation shall be enforceable to the same extent and by the same means by or against them after their incorporation

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

1

High Court — persuasive authority ✓ Source matched

Section 2 of the Trustees Incorporation Act Cap 271 provides that-

Registered Trustees of Sebei Diocese at Chemwania Church of Uganda v Satya (Civil Appeal 58 of 2024) [2025] UGHC 264 (8 May 2025)

[2025] UGHC 264 · High Court · 2025-05-08

Court level is shown; confirm that the quoted proposition forms part of the ratio before treating it as binding.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Particulars respecting application

(1)

Every application to the Minister for a certificate under this Act shall be in writing, signed by the person or persons making it, and shall contain the several particulars specified in the Schedule to this Act or as may be prescribed, or such of them as shall be applicable to the case.

(2)

The Minister may require such declaration or other evidence in verification of the statements and particulars in the application, and such other particulars, information or evidence as he or she may think necessary or proper.

Section analysis Source-linked statutory analysis Source linked

Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.

What this section does

Scope rule

This section defines when and how “Particulars respecting application” applies.

“(1) Every application to the Minister for a certificate under this Act shall be in writing, signed by the person or persons making it, and shall contain the several particulars specified in the Schedule to this Act or as may be prescribed, or such of them as shall be applicable to the case.”

Primary legislation Source quotation matched

Practical effect

Confirm that the matter and forum fall within this section before applying the Act's remaining provisions.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

2

(1) Every application to the Minister for a certificate under this Act shall be in writing, signed by the person or persons making it, and shall contain the several particulars specified in the Schedule to this Act or as may be prescribed, or such of them as shall be applicable to the case.
(2) The Minister may require such declaration or other evidence in verification of the statements and particulars in the application, and such other particulars, information or evidence as he or she may think necessary or proper.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Nomination of trustees and filling of vacancies

(1)

Before a certificate of incorporation is granted, the trustees or trustee shall have been effectually and lawfully appointed to the satisfaction of the Minister, and, where a certificate of incorporation has been granted, vacancies in the number of the trustees shall from time to time be filled so far as shall be required by the constitution, settlement or rules of the body or association of persons, or by any such conditions or directions as aforesaid by such legal means as would have been available for the appointment of new trustees of the body or association if no certificate of incorporation had been granted, or otherwise as shall be required by such conditions or directions as aforesaid, and the appointment of every new trustee shall be certified to the Minister by, or by the direction of, the trustees upon the completion of the appointment.

(2)

Within one month after the expiration of each period of five years after the grant of a certificate of incorporation, or whenever required by the Minister, a return shall be made to the Minister by the then trustees or trustee of the names of the trustees at the expiration of each such period, with their residences and additions.

Section analysis Source-linked statutory analysis Source linked

Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.

What this section does

Definition

This section supplies the definitions or statutory meaning governing “Nomination of trustees and filling of vacancies”.

“(1) Before a certificate of incorporation is granted, the trustees or trustee shall have been effectually and lawfully appointed to the satisfaction of the Minister, and, where a certificate of incorporation has been granted, vacancies in the number of the trustees shall from time to time be filled so far as shall be required by the constitution, settlement or rules of the body or association of persons, or by any such conditions or directions as aforesaid by such legal means as would have been available for the…”

Primary legislation Source quotation matched

Practical effect

Use this definition when interpreting other provisions that employ the language addressed by “Nomination of trustees and filling of vacancies”.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

2

(1) Before a certificate of incorporation is granted, the trustees or trustee shall have been effectually and lawfully appointed to the satisfaction of the Minister, and, where a certificate of incorporation has been granted, vacancies in the number of the trustees shall from time to time be filled so far as shall be required by the constitution, settlement or rules of the body or association of persons, or by any such conditions or directions as aforesaid by such legal means as would have been available for the appointment of new trustees of the body or association if no certificate of incorporation had been granted, or otherwise as shall be required by such conditions or directions as aforesaid, and the appointment of every new trustee shall be certified to the Minister by, or by the direction of, the trustees upon the completion of the appointment.
(2) Within one month after the expiration of each period of five years after the grant of a certificate of incorporation, or whenever required by the Minister, a return shall be made to the Minister by the then trustees or trustee of the names of the trustees at the expiration of each such period, with their residences and additions.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Liability of trustees and others

After a certificate of incorporation has been granted under this Act, all trustees of the body or association of persons, 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 body or association of persons and its property, in the same manner and to the same extent as if no such incorporation had been effected

Section analysis Source-linked statutory analysis Source linked

Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.

What this section does

Mandatory duty

This section imposes mandatory requirements concerning “Liability of trustees and others”.

“After a certificate of incorporation has been granted under this Act, all trustees of the body or association of persons, 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 body or association of persons and its property, in the same manner and to the same extent as if no such incorporation had been effected”

Primary legislation Source quotation matched

Practical effect

The provision uses mandatory language; the responsible person or institution should be able to demonstrate compliance.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

1

After a certificate of incorporation has been granted under this Act, all trustees of the body or association of persons, 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 body or association of persons and its property, in the same manner and to the same extent as if no such incorporation had been effected

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Certificate to be evidence of compliance with requisitions

A certificate of incorporation granted under this Act shall be conclusive evidence that all the preliminary requisitions herein contained and required in respect of the incorporation have been complied with, and the date of incorporation mentioned in the certificate shall be deemed to be the date at which incorporation has taken place

Section analysis Source-linked statutory analysis Source linked

Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.

What this section does

Mandatory duty

This section imposes mandatory requirements concerning “Certificate to be evidence of compliance with requisitions”.

“A certificate of incorporation granted under this Act shall be conclusive evidence that all the preliminary requisitions herein contained and required in respect of the incorporation have been complied with, and the date of incorporation mentioned in the certificate shall be deemed to be the date at which incorporation has taken place”

Primary legislation Source quotation matched

Practical effect

The provision uses mandatory language; the responsible person or institution should be able to demonstrate compliance.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

1

A certificate of incorporation granted under this Act shall be conclusive evidence that all the preliminary requisitions herein contained and required in respect of the incorporation have been complied with, and the date of incorporation mentioned in the certificate shall be deemed to be the date at which incorporation has taken place

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Record of applications and documents to be kept and copies supplied

The Minister shall, in such manner as he or she shall think fit, direct a record to be kept of all such applications for and certificates of incorporation, and shall in like manner direct all documents sent to him or her under this Act to be preserved, and any person may require a copy or extract of any such document to be certified under the hand of such person as shall be appointed for that purpose by the Minister, and there shall be paid for such certified copy or extract such fee as may be prescribed

Section analysis Source-linked statutory analysis Source linked

Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.

What this section does

Statutory power

This section confers or regulates the statutory power described as “Record of applications and documents to be kept and copies supplied”.

“The Minister shall, in such manner as he or she shall think fit, direct a record to be kept of all such applications for and certificates of incorporation, and shall in like manner direct all documents sent to him or her under this Act to be preserved, and any person may require a copy or extract of any such document to be certified under the hand of such person as shall be appointed for that purpose by the Minister, and there shall be paid for such certified copy or extract such fee as may be prescribed”

Primary legislation Source quotation matched

Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

1

The Minister shall, in such manner as he or she shall think fit, direct a record to be kept of all such applications for and certificates of incorporation, and shall in like manner direct all documents sent to him or her under this Act to be preserved, and any person may require a copy or extract of any such document to be certified under the hand of such person as shall be appointed for that purpose by the Minister, and there shall be paid for such certified copy or extract such fee as may be prescribed

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Enforcement of conditions of certificate

All conditions and directions inserted in any certificate of incorporation shall be binding upon and performed or observed by the trustees as trusts of the body or association of persons

Section analysis Source-linked statutory analysis Source linked

Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.

What this section does

Mandatory duty

This section imposes mandatory requirements concerning “Enforcement of conditions of certificate”.

“All conditions and directions inserted in any certificate of incorporation shall be binding upon and performed or observed by the trustees as trusts of the body or association of persons”

Primary legislation Source quotation matched

Practical effect

The provision uses mandatory language; the responsible person or institution should be able to demonstrate compliance.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

1

All conditions and directions inserted in any certificate of incorporation shall be binding upon and performed or observed by the trustees as trusts of the body or association of persons

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Fees for applications and certificates

On every application for a certificate of incorporation under this Act, and on the issue of every such certificate, the prescribed fee shall be paid

Section analysis Source-linked statutory analysis Source linked

Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.

What this section does

Mandatory duty

This section imposes mandatory requirements concerning “Fees for applications and certificates”.

“On every application for a certificate of incorporation under this Act, and on the issue of every such certificate, the prescribed fee shall be paid”

Primary legislation Source quotation matched

Practical effect

The provision uses mandatory language; the responsible person or institution should be able to demonstrate compliance.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

1

On every application for a certificate of incorporation under this Act, and on the issue of every such certificate, the prescribed fee shall be paid

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Gift to vest in corporate body

After the incorporation of the trustees or trustee of any association or body of persons pursuant to this Act, every donation, gift and disposition of land, or any interest therein, theretofore lawfully made but not having actually taken effect, or thereafter lawfully made by deed, will or otherwise to or in favour of that body or association of persons, or the trustees thereof, or otherwise for the purposes thereof, shall take effect as if it had been made to, or in favour of, the corporate body or otherwise for the like purposes

Section analysis Source-linked statutory analysis Source linked

Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.

What this section does

Mandatory duty

This section imposes mandatory requirements concerning “Gift to vest in corporate body”.

“After the incorporation of the trustees or trustee of any association or body of persons pursuant to this Act, every donation, gift and disposition of land, or any interest therein, theretofore lawfully made but not having actually taken effect, or thereafter lawfully made by deed, will or otherwise to or in favour of that body or association of persons, or the trustees thereof, or otherwise for the purposes thereof, shall take effect as if it had been made to, or in favour of, the corporate body or otherwise for…”

Primary legislation Source quotation matched

Practical effect

The provision uses mandatory language; the responsible person or institution should be able to demonstrate compliance.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

1

After the incorporation of the trustees or trustee of any association or body of persons pursuant to this Act, every donation, gift and disposition of land, or any interest therein, theretofore lawfully made but not having actually taken effect, or thereafter lawfully made by deed, will or otherwise to or in favour of that body or association of persons, or the trustees thereof, or otherwise for the purposes thereof, shall take effect as if it had been made to, or in favour of, the corporate body or otherwise for the like purposes

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Common seal

(1)

The common seal of the corporate body shall have such device as may be approved by the Minister, and until the common seal is provided the seal of some person may be authorised by the Minister for use as the common seal of the corporate body.

(2)

Any instrument to which the common seal of the corporate body has been affixed, in apparent compliance with the conditions or directions for the use of the common seal referred to in section 1 , shall be binding on the corporate body, notwithstanding any defect or circumstance affecting the execution of the instrument.

Section analysis Source-linked statutory analysis Source linked

Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.

What this section does

Statutory power

This section confers or regulates the statutory power described as “Common seal”.

“(1) The common seal of the corporate body shall have such device as may be approved by the Minister, and until the common seal is provided the seal of some person may be authorised by the Minister for use as the common seal of the corporate body.”

Primary legislation Source quotation matched

Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

2

(1) The common seal of the corporate body shall have such device as may be approved by the Minister, and until the common seal is provided the seal of some person may be authorised by the Minister for use as the common seal of the corporate body.
(2) Any instrument to which the common seal of the corporate body has been affixed, in apparent compliance with the conditions or directions for the use of the common seal referred to in section 1, shall be binding on the corporate body, notwithstanding any defect or circumstance affecting the execution of the instrument.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

Section 1 · Grant of certificate as a corporate body

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Contracts not under seal to be binding in certain cases

Every contract made or entered into by the trustees of a body or association of persons which would be valid and binding according to the constitution, settlement or rules of the body or association of persons if no such incorporation had taken place as aforesaid shall be valid and binding although it has not been made or entered into under the common seal of the trustees

Section analysis Source-linked statutory analysis Source linked

Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.

What this section does

Mandatory duty

This section imposes mandatory requirements concerning “Contracts not under seal to be binding in certain cases”.

“Every contract made or entered into by the trustees of a body or association of persons which would be valid and binding according to the constitution, settlement or rules of the body or association of persons if no such incorporation had taken place as aforesaid shall be valid and binding although it has not been made or entered into under the common seal of the trustees”

Primary legislation Source quotation matched

Practical effect

The provision uses mandatory language; the responsible person or institution should be able to demonstrate compliance.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

1

Every contract made or entered into by the trustees of a body or association of persons which would be valid and binding according to the constitution, settlement or rules of the body or association of persons if no such incorporation had taken place as aforesaid shall be valid and binding although it has not been made or entered into under the common seal of the trustees

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

1

Citing judgments are indexed, but no express interpretive proposition has yet passed the passage-verification threshold. Open Judicial treatment for the citing passages.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Payments on transfers in reliance on corporate seal protected

Any person who makes or permits to be made any transfer or payment bona fide, in reliance on any instruments to which the common seal of any body corporate created under this Act is affixed, shall be indemnified and protected in respect of that transfer or payment, notwithstanding any defect or circumstance affecting the execution of the instrument

Section analysis Source-linked statutory analysis Source linked

Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.

What this section does

Mandatory duty

This section imposes mandatory requirements concerning “Payments on transfers in reliance on corporate seal protected”.

“Any person who makes or permits to be made any transfer or payment bona fide, in reliance on any instruments to which the common seal of any body corporate created under this Act is affixed, shall be indemnified and protected in respect of that transfer or payment, notwithstanding any defect or circumstance affecting the execution of the instrument”

Primary legislation Source quotation matched

Practical effect

The provision uses mandatory language; the responsible person or institution should be able to demonstrate compliance.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

1

Any person who makes or permits to be made any transfer or payment bona fide, in reliance on any instruments to which the common seal of any body corporate created under this Act is affixed, shall be indemnified and protected in respect of that transfer or payment, notwithstanding any defect or circumstance affecting the execution of the instrument

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Petition to decide question whether person is a corporate body

(1)

When any question arises whether any person is a member of such corporate body as aforesaid, any person interested in the question may apply to the High Court in accordance with any rules of court made in that behalf for its opinion on such question.

(2)

Notice of the hearing shall be given to such persons and in such manner as the court shall think fit, and any opinion given by the court on an application under this section shall be deemed to have the force of a declaratory decree.

Section analysis Source-linked statutory analysis Source linked

Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.

What this section does

Statutory power

This section confers or regulates the statutory power described as “Petition to decide question whether person is a corporate body”.

“(1) When any question arises whether any person is a member of such corporate body as aforesaid, any person interested in the question may apply to the High Court in accordance with any rules of court made in that behalf for its opinion on such question.”

Primary legislation Source quotation matched

Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

2

(1) When any question arises whether any person is a member of such corporate body as aforesaid, any person interested in the question may apply to the High Court in accordance with any rules of court made in that behalf for its opinion on such question.
(2) Notice of the hearing shall be given to such persons and in such manner as the court shall think fit, and any opinion given by the court on an application under this section shall be deemed to have the force of a declaratory decree.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Powers of Minister

(1)

The Minister shall have power, upon the application of any interested party made subject to any rules in that behalf, to make such orders regarding the constitution and conduct of any corporate body created under this Act or in regard to its trustees as may seem to him or her proper, and those orders shall, subject to appeal, be conclusive and binding for all purposes; in particular and without prejudice to the generality of the foregoing, the Minister may authorise-

(a)

any variation in the composition or constitution of such corporate body or in the rules or other instrument regulating it without prejudice to its due incorporation and perpetual succession;

(b)

the amalgamation of two or more corporate bodies created under this Act and the vesting of the property of those bodies in a new corporate body having such constitution as the Minister may approve;

(c)

a change of name of any corporate body created under this Act;

(d)

the termination of incorporation of any corporate body created under this Act subject to such directions as to its liquidation and the disposal of its assets as may be prescribed or as the Minister sees fit to order.

(2)

Any person who deems himself or herself aggrieved by any order made by the Minister under subsection (1) may within thirty days of the making of the order appeal to the High Court in accordance with any rules of court made in that behalf.

Section analysis Source-linked statutory analysis Source linked

Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.

What this section does

Statutory power

This section confers or regulates the statutory power described as “Powers of Minister”.

“(1) The Minister shall have power, upon the application of any interested party made subject to any rules in that behalf, to make such orders regarding the constitution and conduct of any corporate body created under this Act or in regard to its trustees as may seem to him or her proper, and those”

Primary legislation Source quotation matched

Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

6

(1) The Minister shall have power, upon the application of any interested party made subject to any rules in that behalf, to make such orders regarding the constitution and conduct of any corporate body created under this Act or in regard to its trustees as may seem to him or her proper, and those orders shall, subject to appeal, be conclusive and binding for all purposes; in particular and without prejudice to the generality of the foregoing, the Minister may authorise-
(a) any variation in the composition or constitution of such corporate body or in the rules or other instrument regulating it without prejudice to its due incorporation and perpetual succession;
(b) the amalgamation of two or more corporate bodies created under this Act and the vesting of the property of those bodies in a new corporate body having such constitution as the Minister may approve;
(c) a change of name of any corporate body created under this Act;
(d) the termination of incorporation of any corporate body created under this Act subject to such directions as to its liquidation and the disposal of its assets as may be prescribed or as the Minister sees fit to order.
(2) Any person who deems himself or herself aggrieved by any order made by the Minister under subsection (1) may within thirty days of the making of the order appeal to the High Court in accordance with any rules of court made in that behalf.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Rules

The Minister may make rules for the purposes of this Act, including the fixing of fees, the prescribing of forms and the regulating of applications for certificates of registration

Section analysis Source-linked statutory analysis Source linked

Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.

What this section does

Statutory power

This section confers or regulates the statutory power described as “Rules”.

“The Minister may make rules for the purposes of this Act, including the fixing of fees, the prescribing of forms and the regulating of applications for certificates of registration”

Primary legislation Source quotation matched

Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

1

The Minister may make rules for the purposes of this Act, including the fixing of fees, the prescribing of forms and the regulating of applications for certificates of registration

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Saving

Without prejudice to the due incorporation of any body, the Minister may withdraw any certificate of registration issued under the Land (Perpetual Succession) Ordinance and amend or reissue it for the purpose of making the certificate conform to a certificate issued under this Act Schedule (Section 3 )

Particulars to be inserted in applications for incorporation

Section analysis Source-linked statutory analysis Source linked

Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.

What this section does

Statutory power

This section confers or regulates the statutory power described as “Saving”.

“Without prejudice to the due incorporation of any body, the Minister may withdraw any certificate of registration issued under the Land (Perpetual Succession) Ordinance and amend or reissue it for the purpose of making the certificate conform to a certificate issued under this Act Schedule (Section 3)”

Primary legislation Source quotation matched

Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

1

Without prejudice to the due incorporation of any body, the Minister may withdraw any certificate of registration issued under the Land (Perpetual Succession) Ordinance and amend or reissue it for the purpose of making the certificate conform to a certificate issued under this Act Schedule (Section 3)

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

Section 3 · Particulars respecting application

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

1. The objects of the body or association of persons, and the rules and regulations of the body or association of persons, together with the date of, and parties to every deed, will or other instrument

if any, creating, constituting or regulating the body or association of persons

2. A statement and short description of

the land, or interest in land, which at the date of application is possessed by, or belonging to, or held on behalf of the body or association of persons

3. The names, residences and additions of

the trustees of the body or association of persons and the manner and date of their appointment, their number, qualification, tenure and avoidance of office; and the mode of appointing new trustees

4. The proposed title of the corporate

body, of which title the words "registered trustees" shall form part

5. The proposed device of the common seal

The text of this section isn't in the consolidation we hold — see the original PDF above.

6. The regulations for the custody and use of the common seal

The text of this section isn't in the consolidation we hold — see the original PDF above.

Trustees Incorporation Act

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Full text of the Act