Sample Charitable Trust Deed and Guide to its Clauses

Created: October 18, 2013 at 9:59 AM | Updated: April 22, 2024 | By Charities Services

The sample charitable trust deed template has been updated to comply with the new Trusts Act 2019.

If you need to update your existing deed, a variation template has also been provided.

Sample Charitable Trust Deed

Download the Charitable Trust Sample Deed for New Foundations here or from the Supporting Documents section below. 

Variation of a Trust Deed

Download the template for changing the wording of your Trust Deed here or from the Supporting Documents section below.

Using the Sample Charitable Trust Deed

The template meets all incorporation requirements. Review it carefully to ensure it meets your needs. Seek advice from other groups, consultants, or lawyers for alternative wordings if needed.

Guide to Sample Trust Deed Clauses

This deed contains some clauses required by law and others that are included to encourage good practice. The sample deed also includes Māori translations of the headings that are also optional.

• Introductory Clauses: Establish that the trust has property and briefly mention other assets, if any.
• Name: Check name availability on the Charitable Trusts Register and the Incorporated Societies Register.
• Principles: Agree on operational principles, mission, and vision.
• Purposes: Describe the organization's goals and activities succinctly and clearly.
• Area of Operation: Specify if activities will be limited to New Zealand.
• Registered Office: Provide a physical address for official correspondence.
• Makeup of the Board: Set minimum and maximum board numbers and outline appointment and removal processes.
• How the Board will Operate: Establish meeting requirements, decision-making processes, and record-keeping.
• Powers: Grant the board necessary powers for property management, employment, etc.
• Pecuniary Benefit: Ensure members do not benefit unfairly from their positions.
• Delegation: Allow the board to delegate management responsibilities.
• Financial Arrangements: Outline financial procedures and reporting requirements.
• Common Seal: Define who can use the common seal and its custodian.
• Mediation/Arbitration: Provide a dispute resolution mechanism.
• Trustee Liability: Limit trustee liability while ensuring prudent actions.
• Winding Up: Specify the process for winding up and distributing surplus assets.
• Alterations of Rules: Allow for amendments to the rules with trustee majority approval.

Looking for more detailed descriptions for each clause? Download the extended version here.

Disclaimer This template is a guide. Seek legal advice for specific issues. The information is provided as is, and the Department of Internal Affairs accepts no liability for claims arising from its use.

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Supporting documents