Malawi
Trustees Incorporation Act
Chapter 5:03
- Commenced on 15 June 1962
- [This is the version of this document at 31 December 2014.]
- [Note: This version of the Act was revised and consolidated in the Fifth Revised Edition of the Laws of Malawi (L.R.O. 1/2018), by the Solicitor General and Secretary for Justice under the authority of the Revision of the Laws Act.]
1. Short title
This Act may be cited as the Trustees Incorporation Act.2. Interpretation
In this Act, unless the context otherwise requires—“constitution” means the rules, regulations and documents, relating to the objects of a charity or association and regulating the affairs thereof, and the appointment of trustees or other officers thereof;[18 of 1996]“public security” includes the prevention and suppression of violence, intimidation, disorder, crime, mutiny, rebellion and concerted defiance of and disobedience to lawfully constituted authority and laws in force in Malawi, and the maintenance of the administration of justice;[18 of 1996]“Registrar” means the Registrar General;“trustees” includes a sole trustee.3. Upon application of trustees Minister may grant certificate of registration
4. Trusts not affected
Any property movable or immovable vested in, transferred to, held or acquired by the body corporate shall be held for the purposes of the charity or association and in such and the like manner as it was held by the trustees prior to incorporation, subject to this Act.5. Liability of trustees notwithstanding incorporation
After a certificate of incorporation has been granted under this Act, all trustees of the charity or association, 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 property of the charity or association, in the same manner and to the same extent as if no such incorporation had been effected.6. Manner of vesting land
7. Vacancies in trustees
8. Name and change of name
9. Change in constitution
10. Contract made by trustees
Every contract made or entered into by the trustees of a charity or association which would be valid and binding according to the constitution of the charity or association if no such incorporation had taken place under this Act shall be valid and binding although the same shall not have been made or entered into under the common seal of the trustees.11. Gifts to charity before incorporation to have same effect afterwards
After the incorporation of the trustees of any charity under this Act, every donation, gift and disposition of property movable or immovable, theretofore lawfully made (but not actually having taken effect), or thereafter lawfully made by deed, will, or otherwise to or in favour of such charity, or to trustees thereof, or otherwise for the purposes thereof, shall take effect as if the same had been made to or in favour of the incorporated body or otherwise for the like purposes.12. Registrar may strike off a defunct corporate body
13. Service of process and notices
14. Register
The Registrar shall compile and maintain a register of all bodies corporate incorporated under the Trustees Incorporation Ordinance (now repealed) and under this Act, and such register shall be open to public inspection in accordance with rules made under this Act and on payment of the prescribed fee.[14 of 1921]15. Rules
The Minister may make rules—16. Transitional
History of this document
31 December 2014 this version
Consolidation
15 June 1962
Commenced
Subsidiary legislation
Title | Numbered title |
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Trustees Incorporation (Amendment) Rules, 2020 | Government Notice 44 of 2020 |