RELEVANT CLAUSES IN A NOTARIAL DEED OF TRUST CREATED FOR ECCLESIASTICAL, CHARITABLE AND EDUCATIONAL PURPOSES
BE IT HEREBY MADE KNOWN
Appearance clause
THAT on this * day of * 19* before me XXXXXXXXXXXXXXXX, notary public*(?), by lawful authority duly sworn and admitted, practising at ZZZZZZZZZZ in the province of the YYYYYYYYYYY personally came and appeared:
* (full names of donor, identity number or date of birth) (hereinafter referred to as "the donor")
and
* (full names and addresses of trustees) (hereinafter referred to as "the trustees")
Recital
AND the Donor declared that whereas he had decided to create a trust fund for the purposes and on the terms and conditions hereinafter set out, to be vested in the trustee hereinafter named.
Operative clause
NOW THEREFORE, the Donor does hereby settle upon, give and donate to the trustees * (names of trustees) (who together with their respective survivors as well as their respective successors for the time being appointed or assumed pursuant to this deed are hereinafter referred to as "the trustees") an amount of R* (* Rand)*1 (hereinafter with all additions and accretions thereto referred to as "the trust fund") to have, hold and receive the same and the benefits, receipts, advantages, profits and
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interest accruing upon trust and for the objects hereinafter described subject to the following terms and conditions:
*1
This can be a nominal amount of R10,00.
1.
Definitions*5
In this deed unless the contrary appears from the context the following expressions shall have the following meanings:
1.1 Words importing the singular case shall include the plural case and vice versa and words relating to any gender shall include the other gender and vice versa;
1.2 "the assets", "the trust assets", "the trust", "the capital", "the trust capital" and the "* (name of the trust) trust" shall be interchangeable and shall mean and include:
1.2.1
the immovable properties described in the said schedule;
1.2.2 all other assets and investments at any time or times hereafter ceded or transferred to and accepted by the trustees by way of addition or accretion to the assets hereby settled, whether by the settlor or by any other person and either inter vivos or by last will and testament;
1.2.3 the assets and investments from time to time representing the aforesaid assets and investments or any of them or any part thereof as may be occasioned by the application of any of the provisions of this deed;
1.3 "beneficiaries" shall mean the settlor's wife, his children and remoter issue (now living or hereafter to be born) including adopted children;
1.4 "maintenance" with reference to a beneficiary and without restricting the general meaning thereof, shall mean and include monies paid by the trust and received by the beneficiary to partially or fully cover his costs of living, travelling, vacations, medical dental and similar services, entertainment, tax, general care, and provision, welfare, education (including tertiary education), insurance, accommodation, motor vehicles, establishment in a business or a profession or to maintain him in marriage;
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1.5 "trustees" shall mean and include the original trustees or any persons assumed by or succeeding them as trustees.
1.6 The headings and side headings used in this document are used merely for the sake of convenience and shall be disregarded when this document is interpreted.
*5 These definitions may be amended as required and can also include "income" and "capital" if found necessary.
2.
Name of trust
The trust created in terms of this deed shall be known as * (name of trust) (hereinafter referred to as" the trust).
3.
Principal objects
3.1 The object of the trust is to create a fund for ecclesiastical, charitable and educational purposes to be applied in the Republic of South Africa and in the neighbouring national states which, prior to their independence, formed part of the said Republic, as the trustees may from time to time determine, for the purposes of Christian mission work in one or other or all of the following directions:
3.1.1
The establishment of bursaries for the training of ministers and missionaries;
3.1.2
the building of clinics, hospitals and churches;
3.1.3
welfare and medical care of those in need;
3.1.4 such further purposes within the general objects of this trust as my trustees in their sole discretion may deem fit.*2
*2 The aims and objects can be amended to fit the circumstances for whatever charity is required. Charitable trusts comprise trusts created for the relief of poverty, the advancement of education, the advancement of religion or any other purposes beneficial to the community.
4.
Control
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All the business and affairs of the trust shall be managed and controlled by the trustees, who shall have full power to carry out the objects of the trust as hereinbefore provided and who shall hold the trust fund upon trust for the application of the income and/or capital thereof for the promotion of such objects.
5.
Trustees' powers *3
Without in any way limiting the powers of the trustees in their use of the property or application of the funds of the trust, the trustees may:
5.1 Provide, endow, furnish and fit out with all necessary furniture, instruments and other equipment and maintain either wholly or in part churches, schools, hospitals or orphanages or any of them;
5.2 provide medical, surgical and dental relief to any poor persons suffering from disease or ill health and supply all necessary drugs and medicines to such persons;
5.3 construct, acquire, provide and maintain churches, schools, hospitals, nursing and maternity homes, hostels, libraries, orphanages, social centres and other welfare institutions;
5.4 found, create and make all payments in connection with scholarships, bursaries, free tuition with or without free or partially free board and lodging, for the scholastic advancement of any persons who wish to train for the ministry in any of its facets;
5.5 contribute towards any charitable, educational or religious institutions or to any fund having charitable, educational or religious objects;
5.6 grant pecuniary or other assistance for the relief of the poor and meet urgent cases of distress which may from time to time arise;
5.7 purchase, sell, donate, exchange, take on lease, hire or otherwise acquire or dispose of movable and immovable property or any right therein and improve and develop any property or assets of the trust in such manners as they think fit;
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5.8 invest the trust fund or any portion thereof in the Republic of South Africa in whatever manner they may deem fit and shall have the power in their absolute discretion, at any time and from time to time to alter, change or vary any such investment or investments;
5.9 generally do all such other things as may be expedient to further the interests of the trust, or which are incidental or conducive to the attainment of the above objects.
*3 For further powers that may be relevant and applicable see Precedents 3 and 5 and adapt accordingly.
6.
Further donations
The donor may at any time hereafter by written declaration supplement the assets of the trust fund by delivery of any securities or other assets in due form to the trustees for the time being coupled with such declaration. Upon receipt by the trustees of such declarations and of due delivery to them of such supplementary assets, such securities or assets shall thereupon become part of the trust fund hereby created and shall be held by the trustees in trust for and subject to the conditions of this deed of trust, and the trustees shall take steps so far as may be necessary to have such declaration in the form of notarial deeds registered in the deeds registry at *Cape Town and wherever else they may consider necessary.
7.
Power to receive additions
The trustees are hereby empowered to accept and acquire for the purpose of the trust gifts, bequests or payments from any person, firm or company that may be given, bequeathed or paid to them as an addition or with the intention to add to the trust fund hereby constituted and whether any such addition consists of stocks, shares, monies, movable or immovable property, and any addition so accepted and acquired shall be deemed to form part of the trust fund and shall be administered and dealt with subject to the terms of this deed of trust. Any additions to the trust fund so received by the trustees may be retained by the trustees in the form in which they are received and such retention shall be sufficient compliance with the power to invest herein contained.
8.
Additions, alterations and amendments to trust deed
During the lifetime of the donor he shall be entitled, with the consent of a majority of the trustees, and on the death of the donor the trustees by unanimous resolution, shall be entitled by supplementary deed or deeds to add to, alter or amend any of the terms of the trust; provided always that such alteration, addition or amendment does not constitute any revocation of the trust
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or its terms and provided it does not constitute a right of conferring on the trust fund, the income or any portion thereof, otherwise than for the objects of the trust as hereinbefore set out and provided further the capital and/or income of the trust shall always be used for the purposes and objects of the trust as set out in clause 2 hereof.
9. Meetings to be held, accounts to be kept and audited accounts to be tabled at annual general meetings
9.1 The trustees shall be required to hold an annual general meeting and so many ordinary meetings during the course of the year as is considered necessary to transact the business of the trust.
9.2 The trustees shall keep minutes of all meetings held by them and shall also keep a proper set of accounts in respect of their transactions, which accounts shall be audited annually by an auditor to be appointed by the trustees. Such appointment may in the discretion of the trustees be varied from time to time. The auditor shall at all times have access to such minutes and to all vouchers and records and to the property of the trust. An annual balance sheet and statement of revenue and expenditure shall be prepared and certified as correct by the trustees at the annual general meeting of the trustees and a copy thereof shall be submitted to the * (council of the church under whose auspices the mission work is being conducted).
10.
Duration of the trust
This trust shall remain of full force and effect for so long as the trustees, following the death of the donor, are agreed that the purpose for which the trust was created is being achieved. If, however, the trustees in their sole discretion should decide that the purpose for which the trust was created is not being fully achieved, they shall be entitled to terminate this trust forthwith, to wind up its affairs and to transfer the balance of the assets of the trust to the * (council of the church under whose auspices the mission work is being conducted) or its successors in title.
(For the usual further clauses relating to a trust and which have not been incorporated herein see Precedents 3, 5 and 6. Since this is a charitable trust the trustees will probably not be remunerated. See clause 5.1 of Precedent 6).
11.
Acceptance clause
12.
Attestation clause
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