Charitable Trusts Act 1957

Incorporation of trust boards

11: Registration of boards

You could also call this:

“How to make your trust board official”

When you want to register a trust board, the Registrar needs to check if the trust’s purposes are mostly or completely charitable. They also need to make sure you’ve followed all the correct steps.

If everything is okay, the Registrar will do two things:

First, they will write down the board’s name in a special list. They’ll also add details about where the board’s office is and any other information they think is important.

Second, they will give you an official paper. This paper says that your board is now incorporated, which means it’s officially recognised as a group. The paper will show the date when this happened.

From the date on that paper, your board becomes what’s called a “body corporate”. This means it’s treated like a single unit in legal matters. The board will include all the people who are currently trustees of the trust, or all the members of the society if it’s a society being incorporated.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM309929.


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Part 2 Incorporation of trust boards

11Registration of boards

  1. The Registrar, on being satisfied that the purposes of the trust are exclusively or principally charitable, and that the procedural requirements of this Part have been observed, shall do the following things:

  2. enter the name of the board in the register kept by the Registrar under this Part, together with details of the place of the board’s registered office and any other details that the Registrar thinks fit:
    1. issue under his seal a certificate that the board has been incorporated under this Part on the date mentioned in the certificate.
      1. From the date of incorporation mentioned in the certificate of incorporation the board shall be a body corporate, and shall consist of—

      2. the persons who are for the time being the trustees of the trust in any case where trustees are incorporated as a board:
        1. the persons who are for the time being the members of the society in any case where a society is incorporated as a board.
          Compare
          • 1908 No 212 s 8
          Notes
          • Section 11(1): amended, on , by section 264(1) of the Incorporated Societies Act 2022 (2022 No 12).
          • Section 11(1)(a): replaced, on , by section 264(2) of the Incorporated Societies Act 2022 (2022 No 12).