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Maloti Minnow Policy and Action Plan <<..backAnnexure 3Illustrative Deed of Trust to establish the Lesotho Biodiversity TrustBE IT HERBY KNOWN: THAT ON THE DAY OF........... SEPTEMBER, 2002 BEFORE ME NAME OF PUBLIC NOTARY Notary Public, by lawful authority admitted and practising in Lesotho Personally came and appeared before me NAME OF DONOR In his capacity as the Acting Chief Executive of Lesotho Highlands Development Authority duly authorised by the Resolution of the Board annexed hereto. (Herein after referred to as the Donor) Whereas: the said Donor is desirous of creating a Trust for the purpose of carrying out the objects herein after fully set out. Now therefore, the said Donor herein transfers and donates M 8,000,000 to the Lesotho Biodiversity Trust (herein after referred to as the Trust) represented by FOUNDING TRUSTEE For the purpose of the activities of the Trust as laid out herein after. - 1 - Name of Trust:The Trust shall be known as the LESOTHO BIODIVERSITY TRUST Objective of Trust:The Trust shall in the first place provide funds for the conservation, research and monitoring of the Maloti Minnow in Lesotho; in the second place provide funds for the training of biodiversity scientists in Lesotho; and in the third place provide funds for research, conservation and monitoring of other threatened and endangered plants and animals in Lesotho, as well as making any interventions that may be required from time to time to conserve the biodiversity of Lesotho. - 2 - The singular includes the plural and vice versa. - 3 - The Trustee shall administer the Trust subject to the powers and terms which follow. - 4 - The first Trustees are as indicated above, who by their signatures hereto accept their appointment as such and the benefits and duties conveyed by this Deed and acknowledge receipt of the donation referred to above. - 5 - The Trust may at any time in writing appoint Additional Trustees, or one or more Trustees to succeed any or all of them, or any or more agent with powers of substitution and delegation to perform any acts on their behalf - 6 - A Trustee shall cease to act as such if he/she resigns, or becomes mentally disturbed or ill, or alcoholic, or incompetent or unable to act as a Trustee. If any Trustee ceases to act, the remaining trustees shall continue to act and shall have full powers in terms hereof. - 7 - In administering the Trust, the Trustees shall follow such procedure as they deem fit and proper books of account shall be kept. The Trustees shall appoint an auditor for the Trust. - 8 - The Trustee or Trustee’s agent who is a professional person will be entitled to perform professional work for the Trust and to charge reasonable professional fees for such services. - 9 - Without necessarily restricting the generality of the scope thereof the object of the Trust are as follows: The Trustees have the power to perform in the name of the Trust or in their own name on behalf of the Trust any acts and enter into any contracts and undertake any obligations, whether commercial or otherwise, which may be done by a natural person of full legal capacity, which powers include but are not limited to the following: - 10 - If the Trust is terminated its assets will be wound up and transferred to another Trust or body which has similar aims and objects. And further clauses as shall be decided at the Workshop held to finalise the wording of the Trust Deed.
THUS DONE and SIGNED by E R MAPETLA for LHDA as the DONOR, at Maseru on the day of ........... 2002
AS WITNESSES:
Witness 1 Witness 2
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