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Ana Tuiwawa and James Sloan

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Fiji's Charitable Trusts Act has been amended to enable more categories of Charitable Trust to be registered

Sep 2, 2020 / by Ana Tuiwawa and James Sloan

Under Fiji law, the Charitable Trusts Act, 1945 (Charitable Trusts Act) provides the legal process to establish or incorporate a Charitable Trust. The incorporation of a Charitable Trust creates a legal "person" that may among other things: employ people, hold a bank account, secure office premises, enter contracts and sue and be sued.

To comply with section 2 of the Charitable Trusts Act, the proposed Charitable Trust must comply with one of the limited number of "charitable purpose[s]" set out in the Charitable Trusts Act. If the Charitable Trust does not meet one of these purposes then its registration may be refused by the Registrar of Titles.

On 30 August 2020 the relevant Minister in exercising his powers under section 2 of the Act, issued Legal Notice No. 78 of 2020 Declaration of Charitable Purpose (“Notice”) that has the effect of increasing the categories of charitable purposes thus enabling more Charitable Trusts to be registered under Fiji law. 

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