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What must be included in your application?

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There is no online service for applying to register a charitable trust. You will need to complete some paper forms and send them to the Registrar.

There is no online service for applying to register a charitable trust. You will need to complete some paper forms and send them to the Registrar. 

To register as a charitable trust you will need:

 

It is FREE to apply to register as a charitable trust - there is no application fee. 

 


 

Which application form should you use?

There are two possible forms you could use to apply to incorporate as a board (charitable trust). The form you must complete depends on whether you are applying for incorporation of trustees or of a society. 

 

Form 1 - Incorporation of trustees as a board

The application for incorporation must be signed by the majority of the trustees (original signatures only, no photocopies).  There must be one or more trustees.

An application can't be made by trustees if they're already incorporated under another Act or if the society for which the trustees hold property is itself incorporated under another Act. 

 

Form 2 - Incorporation of a society as a board

An application for incorporation can only be made by a society if the application is authorised by the majority of that society's members.

The application must be signed by at least five members of the society or by a majority of the trustees of that society, if the property of the society is held by trustees.

An application is deemed to be authorised by a society if:

  • it is authorised by a majority of the members of that society at a meeting, and
  • reasonable notice was given to members of that society of the intention to hold that meeting and its purpose,
  • the application is authorised by the rules of that society.


An application can't be made by a society if it's already incorporated under another Act or if the trustees of the society are already incorporated under another Act.

Each applicant must provide their full name, physical address and signature on the application form.

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Registered office

No matter which application form is used a charitable trust must have a registered office.  This address should be an actual physical location and include the street number in a town or city. For example, '6 High Street, Wellington'.

If the address is a named building, this name should be provided. If the building has more than one floor, or is made up of a suite of offices, then the floor or suite number should also be shown.

You cannot use a post office box, private bag or DX address as the registered office. 

 

Other documents must accompany your application 

Trust deed

The trust deed should be drafted specifically to meet the purposes of your particular trust.  You may need to seek the help of a solicitor who is familiar with the Charitable Trusts Act 1957 when drafting your trust deed. Your trust deed must be certified as a correct copy by one of the applicants with the following statement:

“I hereby certify that this is a correct copy of the trust deed or rules of the [name of trust board] as per section 10(2) of the Charitable Trusts Act 1957”.

Read more about rules and trust deeds of charitable trusts.
 

Statutory declaration

The application and deed of trust must be accompanied by a statutory declaration from one of the trustee applicants.

The declaration must be made under the Oaths and Declarations Act 1957 and must either describe any additional trusts on which applicants hold property or state that there are no other trusts.

This declaration must be dated on either the same day as the application or a date following this.

If a society is applying for incorporation, two additional documents are required:

  • A copy of its rules or other constitutional documents certified by one of the applicants or trustees as a true copy of its current rules, or if there are no rules, a statutory declaration by one of the applicants describing the purpose of the society, how it operates, and how persons become members or cease to be members.
  • A statutory declaration by one of the applicants that the society has authorised the application and the way in which this authorisation was obtained.

 

Last updated 13 March 2018