Trustees Incorporation Act
- Commenced on 31 May 1939
- [This is the version of this document at 31 December 2000.]
- [Note: The version of the Act as at 31 December 2000 was revised and consolidated by the Law Reform Commission of Uganda. All subsequent amendments have been researched and applied by Laws.Africa for ULII.]
1. Grant of certificate as a corporate body
2. Estate to vest in body corporateThe 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.
3. Particulars respecting application
4. Nomination of trustees and filling of vacancies
5. Liability of trustees and othersAfter 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.
6. Certificate to be evidence of compliance with requisitionsA 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.
7. Record of applications and documents to be kept and copies suppliedThe 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.
8. Enforcement of conditions of certificateAll 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.
9. Fees for applications and certificatesOn every application for a certificate of incorporation under this Act, and on the issue of every such certificate, the prescribed fee shall be paid.
10. Gift to vest in corporate bodyAfter 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.
11. Common seal
12. Contracts not under seal to be binding in certain casesEvery 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.
13. Payments on transfers in reliance on corporate seal protectedAny 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.
14. Petition to decide question whether person is a corporate body
15. Powers of Minister
16. RulesThe 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.
17. SavingWithout 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.
History of this document
31 May 1939