Trust document

Guidance

Reference number
CG-009

Issued
August 15, 2011

Summary

Charitable organizations, public foundations, and private foundations may be established under a trust document.

Elements of a trust document

For registration purposes, the Charities Directorate requires that at least the following requirements are in a trust document:

Applying for charitable registration

We recommend that the trust document includes a clause allowing the trustees to amend or alter the trust in order to meet the legislative and common law requirements for charitable registration. The reason for this recommendation is that the Charities Directorate may request amendments to the trust, and amendments to a trust that is already established may not be possible or may require court approval.

Caution

You should not consider the above requirements and recommendations as being legal advice regarding the validity of a trust. They are solely provided to inform you of our requirements for the administration of charitable registration under the Income Tax Act. We recommend that you seek independent legal advice before enacting or amending a trust.

References

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