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Charitable Trusts Act 1957

Incorporation of trust boards

7: Trustees may apply for incorporation

You could also call this:

“Trustees can ask to become a board for their charity”

If you are a trustee of a trust that is mainly or completely for charitable purposes, you can ask the Registrar to make your group of trustees into a board. This is called incorporation. To do this, you need to follow the rules in this part of the law.

You can’t ask to be incorporated if your group of trustees is already incorporated under another law. Also, if you are trustees for a society, you can’t ask to be incorporated for the society’s general purposes if the society is already incorporated. If the society isn’t incorporated, you still need the society’s permission to ask for incorporation.

When you want to apply for incorporation, you need to fill out a form. This form is called ‘form 1’ and you can find it in Schedule 2 of this law. Most of the trustees need to sign this form.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM309925.

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Part 2 Incorporation of trust boards

7Trustees may apply for incorporation

  1. The trustees of any trust which is exclusively or principally for charitable purposes may apply to the Registrar in accordance with this Part for the incorporation of the trustees as a board under this Part.

  2. No such application shall be made by any trustees if the trustees are already incorporated under any other Act or otherwise, and no such application shall be made by the trustees for the general purposes of any society—

  3. if the society is itself incorporated under this Part or under any other Act or otherwise:
    1. unless they are authorised to do so by the society.

      1. Every such application for incorporation shall be in form 1 of Schedule 2, or to the like effect and shall be signed by a majority of the trustees.

      Compare
      • 1908 No 164 s 5