The Land (Perpetual Succession) (Amendment)petual Succession) (Amendment) Actl, 2020

Land (Perpetual Succession)
(Amendment)
An Act to amend the Land (Perpetual Succession) Act. [2nd December, 2020
ENACTED by the Parliament of Zambia. 1. This Act may be cited as the Land (Perpetual Succession)
(Amendment) Act, 2020, and shall be read as one with the Land
(Perpetual Succession) Act, in this Act referred to as the principal
Act. 2. The principal Act is amended by the insertion of the following
new section immediately after section 1:
1A. In this Act, unless the context otherwise requires—
“beneficial ownership” has the meaning assigned to the words
in the Companies Act, 2017; and
“reporting entity” has the meaning assigned to the words in
the Financial Intelligence Centre Act, 2010. 3. The principal Act is amended by the repeal of section 4 and
the substitution therefor of the following:
4. (1) A person may apply to the Minister for a certificate
of incorporation of a trust of a community, body or association
of persons.

the following:
4. (1) A person may apply to the Minister for a certificate
of incorporation of a trust of a community, body or association
of persons.

(2) An application made under subsection (1) shall be
accompanied by—
(a) the nature of the community or the objects of the
body or association of persons, and the rules and
regulations of the same, together with the date of,
and parties to, every deed, will or other instrument,
if any, creating, constituting or regulating the same;
Enactment
Short title
[No. 11 of 2020 249
Cap. 186
Insertion of
section 1A
Interpretation
Act No. 10
of 2017
Act No. 46
of 2010
Repeal and
replacement
of section 4
Application
for certificate
of
incorporation
GOVERNMENT OF ZAMBIA
ACT
No. 11 of 2020
Date of Assent: 30th November, 2020
Single copies of this Act may be obtained from the Government Printer,
P.O. Box 30136, 10101 Lusaka, Price K 8.00 each.

of Assent: 30th November, 2020
Single copies of this Act may be obtained from the Government Printer,
P.O. Box 30136, 10101 Lusaka, Price K 8.00 each.

Land (Perpetual Succession)
(Amendment)250 No.

Land (Perpetual Succession)
(Amendment)250 No.

11 of 2020]
(b) a statement and short description of the land, or
interest in land, which at the date of application is
possessed by, or belonging to, or held on behalf of,
that community, body or association of persons;
(c) the names, residences and addresses of the trustees
of that community, body or association of persons;
(d) certified copies of an identity document of the
trustees;
(e) the proposed title of the corporate body, of which
title the words “trust” and “registered” shall form
part;
(f) the proposed device of the common seal;
(g) the regulations for the custody and use of the common
seal;
(h) a statement of beneficial ownership which shall state,
in respect of each beneficial owner—
(i) the full names;
(ii) the date of birth;
(iii) the nationality;
(iv) the country of residence;
(v) the residential address; and
(vi) any other particulars as may be prescribed;
(i) a declaration by an applicant that the particulars stated
under paragraph (h) have been submitted to the
Registrar with the knowledge of the individuals to
whom the particulars relate; and
(j) a declaration stating that the requirements of the Act
relating to registration have been complied with.

duals to
whom the particulars relate; and
(j) a declaration stating that the requirements of the Act
relating to registration have been complied with.

(3) A declaration under subsection (3)(j) shall be made
in the prescribed manner and form by a—
(a) legal practitioner holding a valid practising certificate
who was engaged in the formation of the trust; or
(b) person named, as a trustee, in the application for
registration. (4) The Minister may accept the declaration under
subsection (3)(j) as prima facie evidence of compliance with
the requirements of this Act. (5) A person who makes a declaration under subsection
(3)(j), without having reasonable grounds for believing that
the requirements of this Act have been complied with, commits
an offence and shall be liable, on conviction, to a fine not
exceeding fifty thousand penalty units or to imprisonment for
a period not exceeding six months, or to both.

l be liable, on conviction, to a fine not
exceeding fifty thousand penalty units or to imprisonment for
a period not exceeding six months, or to both.

Land (Perpetual Succession)
(Amendment) [No. 11 of 2020 251
4. Section 5 of the principal Act is amended by the—
(a) insertion of figure “(1)” between “5” and “Before”;
(b) deletion of the words ‘five years’ and the substitution
therefor of the words ‘one year’; and
(c) insertion of the following new subsections:
(2) A return made under subsection (1) shall be in the
prescribed manner and form. (3) A person who contravenes subsection (1) commits an
offence and is liable, on conviction, to a fine not exceeding two
hundred thousand penalty units or to imprisonment for a term not
exceeding two years, or to both. 5. The principal Act is amended by the insertion of the following
new section immediately after section 12:
13.

m not
exceeding two years, or to both. 5. The principal Act is amended by the insertion of the following
new section immediately after section 12:
13.

(1) A governing body of a trust of a community, body
or association of persons under this Act shall ensure
compliance with regulatory requirements for the prevention
and combating of money laundering and financing of terrorism
or proliferation or any other serious offence
(2) Despite any provisions on confidentiality, a governing
body of a trust shall provide—
(a) the Minister or a competent authority any information
relating to a registration under this Act; or
(b) on the request of a reporting entity and a supervisory
authority under the Financial Intelligence Act, 2010,
information on the beneficial ownership and assets
of a trust. (3) A person who contravenes subsection (1) or (2)
commits an offence and is liable, on conviction, to a fine not
exceeding two hundred thousand penalty units or to
imprisonment for a term not exceeding two years, or to both. 6. The principal Act is amended by the repeal of the Schedule. Amendment
of section 5
Insertion of
section 13
Repeal of
Schedule
Act No. 46
of 2010
Compliance
with regulatory
requirements
for prevention
and combating
of money
laundering
and financing
of terrorism
or proliferation
or any other
serious offence

252