• Trustees (Incorporation)

Download the ebook

Trustees (Incorporation) 1935-05
TRUSTEES (INCORPORATION) ACT
Principal Act
Act. No. 1935-05 Commencement 9.4.1935
Assent 9.4.1935
Amending Relevant current provisions Commencement
enactment date
Acts. 1961-09 –
1984-48 s.6
2007-17 ss. 2(1) & (2), 4, 5(1), (2) & (3),
8, 12(1) 14.6.2007
English source
Charitable Trustees Incorporation Act 1872 (35 & 36 Vict. c.24)
© Government of Gibraltar (www.gibraltarlaws.gov.gi)
1935-05 Trustees (Incorporation)
ARRANGEMENT OF SECTIONS.
Section
1. Short title.
2. Incorporation of trustees.
3. Vesting of property.
4. Form of application.
5. Appointment of trustees.
6. Liability of trustees.
7. Certificate to be evidence of compliance.
8. Records and copies.
9. Enforcement of orders and directions.
10. Applications and certificates to be stamped.
11. Gifts to vest in corporate body.
12. Common seal.
13. Payments in reliance on corporate seal protected.
14. Petitions to decide questions of membership.
SCHEDULE.
Particulars to be inserted in Applications for Incorporation.
© Government of Gibraltar (www.gibraltarlaws.gov.gi)
Trustees (Incorporation) 1935-05
AN ACT TO PROVIDE FOR THE INCORPORATION OF THE
TRUSTEES OF CERTAIN BODIES AND ASSOCIATIONS OF
PERSONS.
Short title.
1. This Act may be cited as the Trustees (Incorporation) Act.
Incorporation of trustees.
2.(1) Trustees or a trustee may be appointed by any body or association of
persons established for any religious, educational, literary, scientific, social
or charitable purpose, and such trustees or trustee may apply, in manner
hereinafter mentioned, to the Minister responsible for justice for a certificate
of registration of the trustees or trustee of such body or association of
persons as a corporate body.
(2) If the Minister responsible for justice, having regard to the extent,
nature and objects and other circumstances of such body or association of
persons, shall consider such incorporation expedient, he may grant such
certificate accordingly, subject to such conditions or directions generally as
he shall think fit to insert in such certificate, and particularly relating to the
qualifications and number of the trustees, their tenure and avoidance of
office, the mode of appointing new trustees, the custody and use of the
common seal, the amount of the land which such trustees may hold, and the
purposes for which such land may be applied.
(3) The trustees or trustee shall thereupon become a body corporate by
the name described in the certificate, and shall have perpetual succession
and a common seal, and power to sue and be sued in such corporate name,
and subject to the conditions and directions contained in the certificate to
hold and acquire, and by instruments under such common seal, to convey,
assign and demise, any land or any interest therein now or hereafter
belonging to, or held for the benefit of, such body or association of persons,
in such and the like manner, and subject to such restrictions and provisions,
as such trustees or trustee might, without such incorporation, hold or
acquire, convey or assign, or demise the same for the purposes of such body
or association of persons.
Vesting of property.
3. The certificate of incorporation shall vest in such 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 such 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 the same into the name of such body corporate, and all
© Government of Gibraltar (www.gibraltarlaws.gov.gi)
1935-05 Trustees (Incorporation)
covenants and conditions relating to any such real estate enforceable by or
against the trustees thereof before their incorporation shall be enforceable to
the same extent and by the same means by or against them after their
incorporation.
Form of application.
4. Every application to the Minister responsible for justice for a certificate
under this Act shall be in writing, signed by the person or persons making
the same, and shall contain the several particulars specified in the Schedule,
or such of them as shall be applicable to the case. The Minister responsible
for justice may require such declaration or other evidence in verification of
the statements and particulars in the application, and such other particulars,
information and evidence (if any) as he may think necessary or proper.
Appointment of trustees.
5.(1) Before a certificate of incorporation is granted, the trustees or trustee
shall have been effectually appointed to the satisfaction of the Minister
responsible for justice, and where a certificate of incorporation has been
granted vacancies in the number of the trustees shall from time to time be
filled up so far as shall be required by the constitution or settlement of the
body or association of persons, or by any such conditions or directions as
aforesaid, by such legal means as would have been available for the
appointment of new trustees of the body or association if no certificate of
incorporation had been granted, or otherwise as shall be required by such
conditions or directions as aforesaid.
(2) The appointment of every new trustee shall be certified by, or by the
direction of, the trustees to the Minister responsible for justice upon the
completion of such appointment.
(3) Within one month after the expiration of each period of five years
after the grant of a certificate of incorporation, or whenever required by the
Minister responsible for justice, a return shall be made to the Minister
responsible for justice by the then trustees or trustee of the names of the
trustees at the expiration of each such period, with their residences and
additions.
Liability of trustees.
6. After a certificate of incorporation has been granted under the provisions
of 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
© Government of Gibraltar (www.gibraltarlaws.gov.gi)
Trustees (Incorporation) 1935-05
effected, and nothing herein contained shall diminish or impair any control
or authority exercisable by the Attorney-General or the Charity
Commissioners over the trustees who shall be so incorporated, but they
shall remain subject jointly and separately to such control and authority as if
they were not incorporated.
Certificate to be evidence of compliance.
7. A certificate of incorporation so granted shall be conclusive evidence that
all the preliminary requisitions herein contained and required in respect of
such incorporation have been complied with, and the date of incorporation
mentioned in such certificate shall be deemed to be the date at which
incorporation has taken place.
Records and copies.
8. The Minister responsible for justice shall, in such manner as he 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 under the provisions of 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
responsible for justice, and there shall be paid for such certified copy or
extract such fee as may be prescribed by the Minister responsible for justice.
Enforcement of orders and directions.
9. All 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, and shall also be enforceable by the
Attorney-General or the Charity Commissioners by the same means or in
the same manner as proceedings taken by them under the Charities Act.
Applications and certificates to be stamped.
10. Every application for a certificate of incorporation under this Act, and
every such certificate, shall be charged with a stamp duty of 50 pence, and a
stamp denoting the payment of that duty shall be impressed or affixed upon
such application or certificate.
Gifts to vest in corporate body.
11. After 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 hereafter lawfully made by deed, will or otherwise
to or in favour of such body or association of persons, or the trustees
thereof, or otherwise for the purposes thereof, shall take effect as if the same
© Government of Gibraltar (www.gibraltarlaws.gov.gi)
1935-05 Trustees (Incorporation)
had been made to, or in favour of, the corporate body or otherwise for the
like purposes.
Common seal.
12.(1) The common seal of the corporate body shall have such device as
may be approved by the Minister responsible for justice, and until such
common seal is provided the seal of some person may be authorized by the
Minister responsible for justice for use as the common seal of the corporate
body.
(2) Any instrument to which the common seal of the corporate body has
been affixed, in apparent compliance with the conditions or directions for
the use of such common seal referred to in section 2, shall be binding on
such corporate body, notwithstanding any defect or circumstances affecting
the execution of such instrument.
Payments in reliance on corporate seal protected.
13. Any person who makes or permits to be made any transfer or payment
bona fide, I 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 such transfer or payment, notwithstanding any defect
or circumstances affecting the execution of the instrument.
Petitions to decide questions of membership.
14. When any question arises as to whether any person is a member of such
corporate body as aforesaid, any person interested in such question may
apply by petition to the Supreme Court for its opinion on such question.
Notice of the hearing shall be given to such persons and in such manner as
the court shall think fit, and any opinion given by the court on an
application under this section shall be deemed to have the force of a
declaratory decree.
© Government of Gibraltar (www.gibraltarlaws.gov.gi)
Trustees (Incorporation) 1935-05
SCHEDULE.
Section 4.
PARTICULARS TO BE INSERTED IN APPLICATIONS FOR
INCORPORATION.
The objects of the body or association of persons, and the rules and
regulations of the same, together with the date of, and parties to every deed,
will or other instrument (if any) creating, constituting or regulating the
same.
A statement and short description of the land, or interest in land, which at
the date of application is possessed by, or belonging to, or held on behalf of
such body or association of persons.
The names, residences and additions of the trustees of such body or
association of persons.
The proposed title of the corporate body, of which title the words “trustees”
and “registered” shall form part.
The proposed device of the common seal.
The regulations for the custody and use of the common seal.
© Government of Gibraltar (www.gibraltarlaws.gov.gi)


Use: 0.342