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How to Register a Trust in Kenya

A trust is a legal arrangement where a trustee holds and manages assets for the benefit of specific individuals or entities. Trusts in Kenya are commonly used for charitable, family, and business purposes. Here’s a step-by-step guide to registering a trust in Kenya.

Types of Trusts in Kenya

  • Charitable Trusts – Established for public benefit, including education, health, and poverty relief.
  • Family Trusts – Created to manage family wealth and assets across generations.
  • Business Trusts – Used for commercial ventures and asset protection.

Requirements for Trust Registration

  1. Trust Deed – A legal document outlining the trust’s objectives, beneficiaries, and management structure.
  2. Trustees’ Details – National IDs, KRA PINs, and passport photos of at least two trustees.
  3. Beneficiaries’ Information – Details of the individuals or organizations benefiting from the trust.
  4. Registered Address – The official physical location of the trust.
  5. Declaration of Trustees – Signed statements from trustees accepting their roles.

Step-by-Step Trust Registration Process

1. Drafting the Trust Deed

  • Work with a lawyer to draft the trust deed.
  • Ensure the document defines the trust’s objectives, powers of trustees, and rules for asset management.

2. Stamping and Notarization

  • The trust deed must be stamped at the Kenya Revenue Authority (KRA).
  • Notarization by a commissioner for oaths or a notary public.

3. Registration with the Registrar of Documents

  • Submit the stamped trust deed to the Registrar of Documents at the Attorney General’s Office.
  • Pay the prescribed registration fee of KES 5,000.

4. Issuance of the Certificate of Incorporation

  • Upon approval, the trust is issued with a Certificate of Incorporation.

5. Compliance and Ongoing Obligations

  • Apply for a KRA PIN – Required for tax compliance.
  • Open a Bank Account – To facilitate financial transactions.
  • Annual Returns – File annual reports to maintain compliance.

FAQs

1. How long does it take to register a trust?
The process takes approximately 2–4 weeks, depending on approvals.

2. Can a trust own property in Kenya?
Yes, a registered trust can own land and other assets.

3. Is a lawyer required for trust registration?
Yes, legal guidance is recommended to ensure proper structuring.

Need Help Registering a Trust in Kenya?

We provide professional assistance with trust registration and compliance. Contact us today:

📞 +254729842847
📧 Info@blueoceanoutsource.co.ke
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