PROTOCOL NO.
KNOW ALL MEN WHOM IT MAY CONCERN:
THAT on the day of Two Thousand And Nine, before me,
Notary Public, by lawful authority duly sworn and admitted, residing and practicing at Bulawayo, Zimbabwe personally came and appeared:-
ANDREW JOHN WALTER LAING
(I. D. No. 08- 557204H - 00)
(Born on 24-12-1950)
(hereinafter referred to as The Founder Trustee and Chairman)
and
ALASTAIR FRANK COULSON
(I. D. No. 28 016467 F 00)
(Born on 4-05-1950)
Vice Chairman
(hereinafter referred to as the Trustees)
AND THE APPEARERS DECLARED THAT:
WHEREAS the Founder Members are desirous of creating a Trust for the purpose of carrying out the objects hereinafter set out in full;
AND WHEREAS the Founder Members and Trustees are prepared to act as Trustees for the trust in order to fulfil the objectives hereinafter set out;
NOW THEREFORE the appearers articulate as follows;
1. DONATION, CREATION AND NAME OF TRUST
a) The Founder Members hereby donate to the trust each the sum of
(R200) which is accepted by the Trustees for the purposes of establishing this Trust
b) The Trust hereby created shall;
i) be called the KEEGAN LANGLEY TRUST (hereinafter referred to as the trust)
ii) be subject to the Laws of Zimbabwe
2. DEFINITIONS
In this Deed;
a) unless the context otherwise indicates
i) words importing the singular shall include the plural
ii) words importing the masculine gender shall include the feminine gender and vice versa;
3. PURPOSES AND OBJECTIVES
The Keegan Langley Trust seeks to raise funds in order to meet the ongoing medical, rehabilitation and associated costs in respect of the treatment and recovery of Keegan Langley from injuries sustained in a road accident at Esigodini, Zimbabwe, on Saturday 4 May 2009, inclusive of all costs related to medical evacuation to Johannesburg, and any further costs that may be incurred by or in respect of Keegan Langley either directly or indirectly related to the aforesaid accident.
4. TRUSTEES
a) The Trust shall be administered by the Founder Members (hereinafter referred to as the Trustees). The board of Trustees shall be not more than 12 but not less than two Trustees including the Founder Members.
b) The first Trustees shall be the appearers who have been appointed as such
c) The Trustees shall have the power to do all things appertaining, conducive or incidental to the purposes of the trust and without prejudice to the generality of the foregoing the Trustees shall have the power to;
i) open and maintain bank accounts as deemed necessary.
ii) Solicit funds from any sources.
iii) Engage in fund-raising activities for the benefit of the Trust.
iv) Advertise the Trust and its objectives.
v) Invest funds for the benefit of the Trust.
vi) Distribute funds in accordance with the objectives of the Trust.
vii) Co-opt further Trustees as deemed necessary.
viii) Do anything else or take other action which, in the opinion of the Trustees, shall further the interests of the Trust.
5. PROCEEDINGS OF TRUSTEES
a) The Trustees shall have power at any time and from time to time to appoint such other persons to the office of Trustee as they may think fit.
b) The Trustees shall meet together for the dispatch of business, adjourn and otherwise regulate their meetings as they see fit.
c) A quorum at any meeting shall consist of two Trustees being present. The Chairman or, in his absence, the Vice Chairman, shall preside at all meetings of the Trustees. Questions arising at any meeting shall be decided by majority of votes and in the event of equality of votes the Chairman of the meeting shall have a second or casting vote. If at any meeting neither the Chairman nor the Vice Chairman is present, the Trustees present shall choose one of those present to be the Chairman of the meeting.
d) Reasonable notice of any meeting of the Trustees shall be given to each Trustee and any Trustee can request such a meeting.
e) In the event that the number of the Trustees is reduced to below two (2), the remaining Trustee may act for the purposes of appointing a new Trustee or winding up the Trust fund in accordance with the provisions of this Deed.
f) The Trustees shall keep written minutes of their meetings and all resolutions passed by the Trustees shall be duly minuted.
6. VACATION OF OFFICE
a) A Trustee shall cease to act;
i) if he resigns as Trustee which he is entitled to do by thirty (30) days written notice to the other Trustees;
ii) if he has been convicted in Zimbabwe or elsewhere of any offence in which dishonesty is an element or of any offence for which he has been sentenced to imprisonment without the option of a fine;
iii) if his estate is sequestrated;
iv) if he has been declared by a competent Court to be mentally ill or incapable of managing his own affairs, or if he is by virtue of relevant legislation, detained as a patient in any institution;
v) if, in terms of the relevant legislation in Zimbabwe in force from time to time he is disqualified as a Director of a company or as any other public officer thereof.
vi) if he or she is dismissed by the Board of Trustees.
7. REMUNERATION OF TRUSTEES
No Trustee shall receive any remuneration for his time or effort spent on the Trust. Direct costs incurred in furthering the interests of the Trust may be reimbursed only with the unanimous approval of all Trustees.
8. ACCOUNTING, RECORD AND PROFESSIONAL SERVICE
a) The Trustees shall ensure that Trust Accounts are published on a three monthly basis.
b) The Trustees shall ensure that a proper set of books is kept, recording the financial and other affairs of the Trust
c) The Trustees shall be entitled to engage the services of professional persons in so far as such services are deemed to be necessary and desirable for the purposes of the Trust.
d) An annual set of accounts shall be produced and laid before the Trustees for confirmation in respect of each calendar year during the subsistence of the Trust which, should the Founder Members so require, shall be audited by an auditor appointed by the Trustees. The Trustees shall submit a copy of the said annual accounts each year to the Zimbabwe Revenue Authority for its perusal.
9. EXEMPTIONS AND INDEMNITY
a) The Trustees shall be exempt from any obligations to furnish any security for the due administration of the Trust to the Founder Members or to any person, body or authority whatever who are hereby directed to dispense with such security.
b) In the professed execution of the trust no Trustee shall be liable for a loss to the trust arising by reason of any improper investment made in good faith or for the negligence or fraud of any agent employed by him or any other Trustee
c) The Trustees shall be indemnified out of the Trust fund against all claims and demands of whatsoever nature that may be made upon them arising out of the exercise or purported exercise of any of the powers hereby conferred upon them
10. AMENDMENT OF THE TRUST
The Founder Members and the majority of Trustees may by mutual agreement from time to time amend this Trust or any or all of the purposes for which the funds of the Trust are to be applied and may declare that in lieu thereof the funds or any part thereof shall be applied to such other purpose or purposes of a charitable or public nature as the Founder Members or the majority of the Trustees shall think proper.
11. DISSOLUTION OF THE TRUST
The Trust shall be dissolved upon the beneficiary reaching full recovery from the said injuries, or upon the beneficiary requiring no further medical or related financial support. Upon dissolution any surplus funds remaining in the Trust will be distributed to a charity or charities registered in Zimbabwe, as decided by the Trust.
THUS DONE AND SIGNED AT BULAWAYO, ZIMBABWE AFORESAID ON THE DATE AFOREWRITTEN IN MY PRESENCE AND BEFORE ME THE UNDERSIGNED NOTARY PUBLIC.
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AS WITNESS
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NOTARY PUBLIC