This comprehensive e-learning course, “Incorporation under the Trustees (Perpetual Succession) Act,” offers an indispensable guide for anyone involved in the establishment and management of trusts in Kenya, particularly concerning pension schemes. Delving into the historical roots of trust law, the course traces its evolution from English common law principles to Kenya’s pioneering Trustees (Perpetual Succession) Act Cap 164 of 1923, and crucially, its significant amendments in December 2021. Participants will gain a deep understanding of the concept of a trust, distinguishing the roles of the sponsor/settlor, trustees, and beneficiaries, and recognizing the paramount importance of incorporating a Board of Trustees for a pension scheme to achieve distinct legal entity status. The curriculum provides a meticulous breakdown of the amendments, including the introduction of Family Trusts for generational wealth preservation and the transfer of administrative duties to the Principal Registrar for enhanced efficiency. By equipping learners with insights into the myriad benefits of incorporation—from the power to sue in a corporate name to ease of regulatory compliance—this course empowers fiduciaries to navigate the legal landscape, protect assets, and ensure the perpetual succession and integrity of their schemes.

Key Topics

• Trusts as a Concept
• Objectives and Scope of the Original Act
• Incorporation of Schemes Boards of Trustees
• Benefits of Incorporation of Board of Trustees of Scheme’s under the Act
• Regulatory Compliance following incorporation
• Requirement for a Scheme to be a Body Corporate