Any person or body of persons who have lawfully constituted themselves for the purpose of forming a trust may apply to the Registrar for a certificate of incorporation.

The Registrar shall within sixty days of receipt of an application for incorporation of a trust, grant or reject the application.

Where an application is rejected, the Registrar shall give written notice to the applicant and the notice shall state the reason for rejecting the application.

Where an application for incorporation is approved by the Registrar, he or she may grant a certificate accordingly, subject to such conditions or directions.

The trustees 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 their corporate name and, subject to the conditions and directions contained in the certificate, to hold and acquire, and by instruments under the common seal to convey, transfer, assign, charge and demise any movable or immovable property or any interest therein now or hereafter belonging to, or held for the benefit of, the trust concerned in the same manner and subject to such restrictions and provisions as trustees might so do without incorporation.

Unless a trust contains an express power of revocation, it shall be deemed to be an irrevocable trust.

A trust shall be deemed to be irrevocable if an express power of revocation has not been exercised by the settlor during the lifetime of the settlor.

A charitable trust is a trust formed for the exclusive purpose of the relief of poverty, the advancement of education, religion or human rights and fundamental freedoms, or the protection of the environment or any other purpose beneficial to the general public.

A non-charitable trust may be created for a specific purpose notwithstanding the absence of any beneficiary.

A family trust is a trust, whether living or testamentary, partly charitable or non-charitable, that is registered or incorporated by any person or persons, whether jointly or as an individual, for the purposes of planning or managing their personal estate.

Notwithstanding sub-section (2), a family trust shall not be invalid for reason that the settlor or joint settlors are also beneficiaries to the trust.

Subject to the terms of the trust, a trustee may accept from any person any property to be added to the trust property.

Where the settlor declares a trust in respect to a property which he does not own at the time of the declaration, no rights or duties shall arise under the trust instrument at the time of constitution of the trust and the trust shall be deemed to come into existence at the time the settlor becomes beneficially or legally entitled to the property which was the subject of the declaration.

The trustee shall not acquire a better title to the trust property than the settlor or transferor of had immediately before the transfer of the disposition.

A trust shall be valid and enforceable in accordance with the terms of the trust.

The Court may declare a trust to be void where it is proven that the trust was made for fraudulent purposes, including to evade creditors of the settlor.

Where a trust is partially invalid, the Court may declare what property is to be held subject to the trust and what property is not.

The provisions of subsection 2(b) do not apply to a trust established under section 3C.

A beneficiary of a trust shall be identifiable or ascertainable in reference to a class or relationship with another person, whether living or dead.

Subject to subsection (1), the terms of a trust may expressly provide for the addition or exclusion of a person in a class of persons eligible to be beneficiaries of the trust.

The terms of a trust may impose an obligation or condition on a beneficiary to the trust.

Subject to the terms of the trust, a beneficiary may disclaim his or her interest or any part of it, where or not he has received any benefit from the trust.

A disclaimer shall be in writing addressed to the trustees.

An enforcer may be appointed in accordance with the terms of the trust.

The enforcer may act in the place of the trustees during the hearing and determination of any suit under subsection (2).

A person shall not perform both the functions of an enforcer and a trustee.

An enforcer shall have access to any documents, accounts or information necessary for the performance of his or her functions.

An enforcer may resign in writing, addressed to the trustees.

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).

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 Schedule, or such of them as shall be applicable to the case.

The Registrar 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.

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 has been granted vacancies in the number of trustees shall from time to time be filled so far as is required by the constitution of the trust concerned, or by any conditions or directions inserted by the Registrar under subsection (2) of section 3, by such legal means as would have been available for the appointment of new trustees if no such certificate had been granted, or otherwise as shall be required by those conditions or directions.

The appointment of every new trustee shall be certified by, or by the direction of, the trustees to the Registrar upon the completion of the appointment.

Within one month after the expiration of each period of one year after the grant of a certificate of incorporation a return shall be made to the Registrar by the trustees of the names and addresses of the trustees at the end of each such period.

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, and the Registrar, after calling for such evidence and information as he may require, may, if he is satisfied that it is proper so to do, by order vary the conditions or directions to such extent as he shall think fit, or may refuse to vary them.

Where any conditions or directions are varied by order made under subsection (1), the variation shall take effect as from the date of the order.

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 certificate of incorporation issued under this Act.

Any person, on completion of the prescribed form and on payment of the fee set out in the Second Schedule, may require to be given a copy of any such document, certified under the hand of a Registrar.

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 use as the common seal of the corporate body.

Any instrument to which the common seal of the corporate body has been affixed, in apparent compliance with the regulations for the use of the common seal referred to in section 3, shall be binding on the corporate body, notwithstanding any defect or circumstance affecting the execution of the instrument.

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 thereon.

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.

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.

The Registrar may, if he is satisfied that a corporate body in respect of which a certificate of incorporation has been granted under this Act, has ceased to exist or that the objects for which it was established have become incapable of fulfilment, order that it be dissolved.