Incorporation

The charity trustees of a registered charity who are not already incorporated under another Act, may apply to the Registrar to incorporate themselves as a Board under Part III of the Charities Act, Cap. 243.

Upon their incorporation as a Board under Part III of the Act, the charity trustees become a body corporate consisting of the persons who are for the time being the charity trustees. By virtue of section 21 of the Interpretation Act, Cap. 1, the Board will upon incorporation be vested, inter alia, with power to sue and be sued in its corporate name, have power to enter into contracts in its corporate name, have the right to acquire and hold real or personal property and to dispose of or charge such property at pleasure.

By virtue of section 21 (1)(e) of the Interpretation Act, individual charity trustees who do not contravene the provisions of the Charities Act, will also be exempt from personal liability for the debts, obligations or acts of the Board.

• An Application in the prescribed form should be completed and signed by a majority of the trustees and filed with the Registrar; (section 9(3)) together with
• A copy of a resolution passed by a majority of the trustees expressly authorizing the application and consenting to the use of the name of the charity by the Board;
• A Statutory Declaration sworn by a duly authorized official of the charity stating that
  1. the application is authorized by a majority of the charity trustees;
  2. the resolution was passed by a majority of the charity trustees present at the meeting held for the purpose;
  3. adequate notice of intention to hold the meeting and of its purpose was given;
  4. the application is authorized by the rules of the charity.