Law Commission consultation on Charity Law Reform: closing date 3rd July
Law Commission consultation on Charity Law Reform: closing date 3rd July
The Law Commission has published a consultation paper on technical issues in charity law and is asking consultees to respond to the proposals by 3 July 2015. The topics considered by the Law Commission in the consultation include:
- How charities governed by Royal Charter or by Act of Parliament can amend their governing documents;
- Unincorporated charities’ powers to change their purposes and governing documents;
- Whether trustees should have a power to apply small funds and donations cy-prѐs without involving the Charity Commission;
- The restrictions on charities when they sell, let or mortgage charity property;
- Whether the existing statutory powers for unincorporated charities to spend permanent endowment should be extended to incorporated charities and a proposal to create a new form of permanent endowment called a “preserved endowment fund”;
- Whether statute should permit a charity to pay a trustee for supplying goods to the charity mirroring the power to pay a trustee for the supply of services;
- Whether the Charity Commission should be allowed to award an “equitable allowance” to a trustee who has obtained a profit in breach of fiduciary duty (to reflect the trustee’s skill and effort in bringing about the profit);
- Whether charity trustees should be given a power to make small ex gratia payments without obtaining Charity Commission approval;
- The transfer of assets and liabilities on incorporation and merger;
- The availability of property held on charitable trust on insolvency of the trustees;
- The Charity Commission’s power to require a charity to change its name and to determine the identity of the members of a charity where there is uncertainty; and
- Powers of the Charity Tribunal
Anyone wishing to respond to any of the proposals in the consultation should send their responses by email to propertyandtrust@lawcommission.gsi.gov.uk or by post to James Linney, Law Commission, 1st Floor, Tower, Post Point 1.53, 52 Queen Anne’s Gate, London SW1H 9AG by 3 July 2015.
For additional information or to discuss your requirements with one of our charity law experts, call us today on 03456381381 or email charities@ibblaw.co.uk.
