Categories: ABC Articles

AMMENDMENT TO THE LAW GOVERNING TRUSTS IN TANZANIA

The written miscellaneous amendment no 3 of 2019has amended a lot of laws of Trust incorporation act have made the following amendments to the law that govern trusts in Tanzania.

  1. AUTHORARTIVE NAME;
  • The Written miscellaneous amendment has amended the authoritative name of the person incharge when it comes to TheTrustee Incorporation Act Cap 318. ‘’Instead of the person to be addressed as Registrar- General as the authoritative name the person is now addressed as Administrator-General’’.
  • The Written miscellaneous amendment has amended the authoritative name of the police person in charge when it comes to The Trustee Incorporation Act Cap 318.‘’Instead of been named a police officer or inspector they shall be addressed as other relevant investigation authorities’’.
  1. DEFINITONS;
  • Trust” means a legal relationship created by personal acts, by an order of the court or operation of the law, when specified property or interests are placed under the control and management of a trustee or trustees for the benefit of another party or parties, called a beneficiary or beneficiaries, or for purposes specified under section 2(1), and excludes:
  1. 56,a non-governmental organization registered under the Non-Governmental Organizations Act;
  2. 212, a company registered under the Companies Act;
  3. 337, a society registered under the Societies Act;
  4. A trade union formed and registered under the Trade Unions Act;
  5. An agricultural association formed and registered under any written law other than this Act;
  6. 258 ,political party registered under the Political Parties Act;
  7. 49, a sports association or club registered under the National Sports Council of Tanzania Act; Act No. 10 of 2018
  8. A microfinance group (VICOBA) registered under the Microfinance Act;
  9. A cooperative society formed and registered under the Cooperative Societies Act; and
  10. Any trust which the Minister may, by Written Laws (Miscellaneous Amendments) (No.3) Act, 2019 order published in the Gazette, declare not to be a trust for the purpose of this Act; “trustee” means a person who holds, controls and manages property or any other interests for the benefit of a beneficiary or beneficiaries, or for purposes specified in section 2(1).”
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