“charitable trust” means any trust or endowment over movable or immovable property which is held, administered or managed for the furtherance of any charitable purpose;
For Charitable Trusts
Copies of required documents are provided to apply
“charitable purpose” means any purpose relating to the support and advancement of education, religion or sports and for the relief of poverty and the aged and for purposes which are exclusively charitable and for the public benefit according to the laws of Malaysia;
Applications to establish Charitable Trusts can be made through the respective Resident offices by submitting the following documents:
- Application Form for Establishment of Charitable Trusts (excluding Muslim Charitable Trusts) which has been completed and must clearly state:
- Proposed names for Board of Trustees;
- Charitable trust come into effect date;
- Proposed name of the charitable trust;
- Include a statement and short description of all properties to be held now or hereafter by the Board for the benefit of the charitable trust;
- Specify the names and description of the person or group of people who are contributors or donors (if any) of the property;
- Specify the beneficiaries or intended beneficiaries; and
- Specify the charitable purposes of the trust;
- Minutes of the Establishment of the Charitable Trusts (excluding Muslim Charitable Trusts) duly signed by 2 key office holders;
- List and copy of property title/asset owned;
- Proposed organizational structure of the organization;
- Letter of Undertaking for each proposed board of trustees; and
- A copy of the Identity Card of each proposed board of trustees.
A charitable trust shall be administered and managed by a Board of Trustees which shall consist of a Chairman; a Deputy Chairman; a Secretary and a Treasurer, and not less than three and not more than seven other trustees who shall be appointed by the Minister provided that:
- The trustees appointed shall hold office for a term of not more than three years, but their term may be renewed or extended by the Minister;
- A trustee may at any time resign his office by letter addressed to the Minister;
- The appointment of any person as trustee may be revoked by the Minister if—
- he has been adjudged a bankrupt;
- he has breached any of the provisions of this Ordinance or regulations specified in the Schedule or the Trustee Act 1949 [Act 208];
- he has been convicted of any criminal offence or any offence under the Companies Act 1965 [Act 125] and suffered a fine exceeding two thousand ringgit or imprisonment exceeding a term of one year;
- he has been convicted on a charge in respect of an offence under any written law relating to corruption;
- he has been absent from the State for a continuous period of more than twelve (12) months; or the Minister is of the opinion that that person has failed to discharge his duties as a trustee on account of his insanity, ill health or for any other good reasons.
The trustees appointed shall hold office for a term of not more than three years, but their term may be renewed or extended by the Minister
Where any vacancy in any Board shall have arisen by reason stated, the Minister may appoint any other person as trustee to fill such vacancy.
The procedure for the meetings of the Board and the administration of any charitable trust shall be in accordance with the regulations specified in the Schedule.
The Minister may by notice in writing sent to the Board at the registered address require the Board to furnish him with any information, documents or other particulars relating to the charitable trust or its affairs; and any person who fails to comply with the provisions of this section shall be guilty of an offence: Penalty, a fine of five thousand ringgit and imprisonment for two years.
According to Schedule 10(2), Regulations of The Board of Trustees, The Minister should be informed at least one month before the expiry date of the term of office of a trustee.
As stipulated in section 2 “Minister” means the Minister of the Government of Sarawak for the time being responsible for charitable trusts in Sarawak.
The documents required for renewal purposes are as follows:
- Complete Application Form for Renewal/New Appointment of Charitable Trusts (excluding Muslim Charitable Trusts) and must be supported by the respective Resident office;
- A copy of the gazette (Charitable Trust Declaration & Appointment of Trustee) when it was first established;
- Copies of minutes of meetings held at least 6 times in the period of 3 years based on the period of gazette declaration;
- Copies of the annual account statement for a period of 3 years according to the previous declaration period;
- List and copy of property title/asset owned;
- Proposed organizational structure for newly appointed Board of Trustees;
- Letter of Undertaking for each proposed Board of Trustees; and
- A copy of the Identity Card of each proposed Board of Trustees.
New and renewal applications for Charitable Trusts (excluding Muslim Charitable Trusts) need to be submitted through the Resident Office of the respective Division due to the requirement under the Public Collections Ordinance, 1996 which regulate collections of money or donations from the public and related matters. This collection shall include “charitable purposes” as assigned to that expression in the Charitable Trusts Ordinance, 1994 [Cap. 7]