Section 3J of Trustees Perpetual Succession Act CAP 164: Enforcers

(1) An enforcer may be appointed in accordance with the terms of the trust.
(2) The functions of an enforcer shall be to -
(a) enforce the terms of the trust;
(b) inquire into the status of implementation of the trust;
(c) require the trustee to take remedial action, where there is breach of the terms of the trust;
(d) report to the settlor or the beneficiaries any financial or other breaches by the trustees; and
(e) pursue legal action against the trustees, whether criminal or civil.
(3) The enforcer may act in the place of the trustees during the hearing and determination of any suit under subsection (2).
(4) A person shall not perform both the functions of an enforcer and a trustee.
(5) An enforcer shall have access to any documents, accounts or information necessary for the performance of his or her functions.
(6) Without prejudice to the generality of subsection (5), an enforcer may request for -
(a) accounts of the trust;
(b) the trust instrument;
(c) any other documents that are used by the trustees.
(7) An enforcer shall not -
(a) derive directly or indirectly any profit by reason of his appointment: Provided that a reasonable fee, and any reasonable expenses, may be paid out of the trust;
(b) enter into any dealings with a trustee in relation to trust property.
(8) An enforcer may resign in writing, addressed to the trustees.
(9) The trustees shall notify the Registrar, in writing, of a change of enforcers at least thirty days from the date of the notice under subsection (7).

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(1) An application to the Registrar for a certificate under this Act shall be in writing, signed by the person or persons making it, and shall contain the several particulars specified in the First...

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(1) Before a certificate of incorporation is granted the trustees shall have been effectually appointed or constituted to the satisfaction of the Registrar, and where a certificate of incorporation...

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A certificate of incorporation so granted shall be conclusive evidence that all the preliminary requirements of this Act in respect of the incorporation have been complied with, and the date of...

Section 8 - Variation of conditions in certificates

(1) The trustees in respect of whom a certificate of incorporation has been granted under this Act may apply to the Registrar to vary any of the conditions or directions contained in the certificate,...

Section 9 - Recording of documents, and provision of copies

(1) The Registrar shall keep and record in a register kept for that purpose each application, order and other document lodged or given under the provisions of this Act, and a duplicate of each...

Section 10 - Enforcement of conditions of certificate

All conditions and directions inserted in any certificate of incorporation shall be binding upon and performed or observed by the trustees as terms of the trust concerned.

Section 11 - Fees

Every application for a certificate of incorporation under this Act and every such certificate shall be charged with the prescribed fee set out in the Second Schedule.

Section 12 - Gifts to vest in corporate body

After the incorporation of any trustees pursuant to this Act, every donation, gift and disposition of movable or immovable property, or any interest therein, theretofore lawfully made (but not having...

Section 13 - Common seal

(1) The common seal of the corporate body shall have such device as may be approved by the Registrar, and until a common seal is provided the seal of some person may be authorized by the Registrar for...

Section 14 - Petition to decide question whether person is a member of a corporate body

(1) When any question arises as to whether a person is a member of a body incorporated under this Act, any person interested in that question may apply by petition to the High Court for its opinion...

Section 15 - Searches

Any person desiring information may apply in person to the Registrar and, on completion of the prescribed form and on payment of the prescribed fee, may inspect the register relating to the document...

Section 16 - Change of name and dissolution

(1) The Registrar may, if he is satisfied that the circumstances of the case so justify, order that the name of a corporate body be changed. (2) The Registrar may, if he is satisfied that a corporate...

Section 17 - Regulations

The Registrar may make regulations for the purpose of regulating any matter or thing to be done under this Act, including the specifying of fees and the prescribing of forms, and generally for the...

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