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Charity Trust Deed

Charity Trust Deed Template for South Africa

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Key Requirements PROMPT example:

Charity Trust Deed

"I need a Charity Trust Deed for establishing an educational support trust in South Africa by March 2025, with provisions for five trustees and specific powers to provide scholarships, build educational facilities, and partner with existing schools."

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Document background
The Charity Trust Deed serves as the founding document for charitable organizations seeking to establish a trust structure in South Africa. This document is essential when individuals or organizations wish to create a formal charitable entity that can receive donations, conduct charitable activities, and qualify for tax benefits under South African law. The deed must comply with the Trust Property Control Act 57 of 1988 and related legislation, including the Non-Profit Organisations Act. It is particularly important for ensuring proper governance, defining charitable purposes, and establishing clear operational guidelines. The Charity Trust Deed typically includes detailed provisions for trustee appointments, financial management, regulatory compliance, and the protection of charitable assets. It's commonly used by religious organizations, educational institutions, welfare organizations, and other charitable entities seeking a formal legal structure for their philanthropic activities.
Suggested Sections

1. Parties: Identifies the Founder/Donor and initial Trustees

2. Background: Sets out the context and intention to establish the charitable trust

3. Definitions and Interpretation: Defines key terms used throughout the deed and interpretation rules

4. Establishment of Trust: Formally establishes the trust, specifies its name and confirms the initial trust property

5. Objects and Purpose: Clearly defines the charitable purposes and objectives of the trust

6. Powers of Trustees: Comprehensive list of powers granted to trustees to fulfill trust objectives

7. Appointment and Removal of Trustees: Procedures for appointing new trustees and circumstances for removal

8. Proceedings of Trustees: Rules for trustee meetings, decision-making processes, and voting procedures

9. Financial Management: Requirements for managing trust funds, investment powers, and financial controls

10. Annual Reporting: Obligations for financial reporting and compliance with regulatory requirements

11. Amendment of Trust Deed: Procedures for amending the trust deed while protecting its charitable purpose

12. Dissolution: Provisions for winding up the trust and distribution of remaining assets

Optional Sections

1. Advisory Board: Establishes an advisory board structure when additional oversight or expertise is desired

2. Branch Operations: Required when the trust operates in multiple locations or jurisdictions

3. Specific Project Guidelines: Needed when the trust runs specific charitable programs requiring detailed governance

4. Donor Recognition: Provisions for acknowledging and managing major donor relationships

5. Investment Policy: Detailed investment guidelines when the trust manages substantial assets

6. Conflict Resolution: Specific procedures for resolving disputes when standard trustee decision-making processes are insufficient

7. B-BBEE Compliance: Required when the trust aims to maintain specific B-BBEE status

Suggested Schedules

1. Schedule 1: Initial Trust Property: Details of the initial property or funds settled in the trust

2. Schedule 2: Initial Trustees: List of initial trustees with their full details and acceptance of appointment

3. Schedule 3: Trustee Code of Conduct: Detailed code of conduct and responsibilities for trustees

4. Schedule 4: Financial Controls and Procedures: Detailed procedures for financial management and control

5. Appendix A: Approved Charitable Activities: Detailed list of approved charitable activities and programs

6. Appendix B: Forms and Templates: Standard forms for trustee appointments, resignations, and other administrative matters

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈË°æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

alex.den.21@genieai.co
Relevant legal definitions
Clauses






























Relevant Industries

Non-Profit & Charity

Social Services

Education

Healthcare

Community Development

Religious Organizations

Environmental Conservation

Arts & Culture

Humanitarian Aid

Youth Development

Relevant Teams

Legal

Compliance

Finance

Governance

Administration

Risk Management

Corporate Affairs

Operations

Board Secretariat

Social Impact

Relevant Roles

Legal Counsel

Trust Administrator

Compliance Officer

Non-Profit Director

Charitable Foundation Manager

Trust Secretary

Philanthropy Officer

Board Trustee

Financial Controller

Governance Manager

Program Director

Risk Manager

Industries






Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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