Under Fiji law, the Charitable Trusts Act, 1945 (Charitable Trusts Act) provides the legal process to incorporate (establish) a charitable trust. The incorporation of a charitable trust creates a legal "person" that may amongst 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. On Wednesday, 7 March 2018 by Legal Notice No. 14, the relevant Minister in exercise of his powers under the Charitable Trusts Act expanded the categories of "charitable purpose" to include:

· the conservation of the environment; and

· the provision of electricity to rural communities and households in Fiji that do not have such access.

For more information on how to incorporate a charitable trust under Fiji law and the potential benefits of doing so, please see our earlier bulletin here

At the date of writing, “charitable purpose” now includes the following:

• the supply of the physical wants of sick, aged, destitute, poor, or helpless persons, or of the expenses of funerals of poor persons
• the education (physical, mental, technical, or social) of the children of the poor
• the reformation of criminals, prostitutes, or drunkards
• the employment and care of discharged criminals
• the provision of general or denominational religious instruction for the people
• the support of libraries, reading-rooms, lectures, and classes for the instruction of the people
• the promotion of athletic sports, wholesome recreations and amusements of the people
• encouragement of skill, industry, and frugality
• rewards for acts of courage and self-sacrifice
• the prevention of cruelty to animals and the education and instruction of the people for the furtherance of that end
• the furtherance of thrift and the improvement of standards of living by education and advice in matters of self-help
• marriage guidance and counselling, the promotion of education and research in marriage guidance and the publication and the dissemination of the results of such promotion
• the relief of distress caused by any disaster affecting the whole or any part of the community
• the erection, laying-out, maintenance, or repair of buildings and places for the furtherance of any of the purposes mentioned
• the provision of electricity to rural communities and households in Fiji that do not have such access
• the conservation of the environment
• any such purpose as may be declared by the Minister to be a charitable purpose.

This legal bulletin is not, and should not be relied on as, legal advice. It is provided for information purposes only.