Text of proposed trust deed for Runham
Poors Trust
CONSTITUTION -RUNHAM POORS
TRUST
The name of the charities
are as follows:
A)
Poors Allotment registered number
258167; and
B)
Town Land registered number 258168.
Hereafter they shall be known collectively as
the Charities and individually as the Charity
1
Objects
The object of both of the Charities is to
benefit the poor of Runham
2 Powers
To administer the income and assets of the
Charities for the benefit of the poor of
Runham
In addition to any other powers which they
have the Trustees may exercise the following
powers in furtherance of the objects of the
Charities:
1.
power to raise funds and to invite and
receive contributions, provided that in
raising funds the Trustees shall not undertake
any substantial permanent trading activities;
2.
power to buy, take on lease or in
exchange, any property, and to maintain and
equip it for use;
3.
power to sell, lease, or otherwise
dispose of, all or any part of the Charities'
property, subject to complying with the
restrictions on disposals imposed by the
Charities Act 1993 (or any statutory
re-enactment or modification thereof).
3
Accounts
The Trustees shall keep accurate accounts of
the Charities’ finances which shall be
available for reasonable public inspection.
Further the accounts shall be independently
audited each year.
The Trustees shall
maintain a bank accounts in the name of
the […………….. ]requiring at least two
named and unrelated Trustees to sign each
cheque.
4
Appointment of trustees
4.1.
There shall be at least five Trustees
of which there shall be two who are Parish
Councillor appointed by the Parish Council to
be Trustees..
Every future Trustee shall be appointed
by a resolution of the Trustees passed at a
special meeting called under clause 11.
4.2.
In selecting persons to be appointed as
Trustees, the Trustees shall take into account
the benefits of appointing a person who
through residence, occupation, employment or
otherwise has special knowledge of the area of
benefit or who is otherwise able by virtue of
his or her personal or professional
qualifications to make a contribution to the
pursuit of the objects or the management of
the Charities.
5
Eligibility for trusteeship
5.1.
No person shall be appointed as a
Trustee:
(a)
if they are under the age of 18 years;
or
(b)
in circumstances such that, had he or
she already been a Trustee, he or she should
have been disqualified from office under the
provisions of the following clause 6.
5.2.
No person shall be entitled to act as a
Trustee whether on a first or on any
subsequent entry into office until after
signing in the minute book of the Trustees a
declaration of acceptance and willingness to
act in the trusts of the Charity.
6
Determination of trusteeship
6.1
A Trustee shall cease to hold office if
he or she:
a)
is disqualified from acting as a
trustee by virtue of section 72 of the
Charities Act 1993 (or any statutory
re-enactment or modification of that
provision);
b)
becomes incapable by reason of mental
disorder, illness or injury of managing and
administering his or her own affairs;
c)
is absent without the permission of the
Trustees from all their meetings held within a
period of six months and the Trustees resolve
that his or her office be vacated; or
d)
notifies to the Trustees a wish to
resign (but only if at least two Trustees will
remain in office when the notice of
resignation is to take effect).
7
Vacancies
If a vacancy occurs the
Trustees shall note the fact in their minute
book at their next meeting.
Any eligible Trustee may be
re-appointed. So long as there shall be fewer than two Trustees none of the
powers or discretions hereby or by law vested
in the trustees shall be exercisable except
for the purpose of appointing a new Trustee or
Trustees.
8
Ordinary meetings
The Trustees shall hold
at least two ordinary meetings in each year.
9
Calling meetings
Meetings shall be
arranged by the trustees at their meetings or
may be called at any time by the Chairman or
any two Trustees upon not less than ten days'
notice being given to the other Trustees.
10
Chairman
The Trustees at their
first ordinary meeting in each year shall
elect one of their number to be Chairman of
their meetings until the commencement of the
first ordinary meeting in the following year.
The Chairman shall always be eligible
for re-election.
If the Chairman is not present within
ten minutes after the time appointed for
holding a meeting or there is no Chairman the
Trustees present shall choose one of their
number to be chairman of the meeting.
11
Special meetings
A special meeting may be
called at any time by the Chairman or any two
Trustees upon not less than four days' notice
being given to the other Trustees of the
matters to be discussed, but if the matters
include an appointment of a Trustee or a
proposal to amend the objects of the Charities
then upon not less than 21 days' notice being
so given. A special meeting may be called to take place immediately
after or before an ordinary meeting.
12
Quorum
There shall be a quorum
when at least one third of the number of
Trustees for the time being or two trustees,
whichever is the greater, are present at a
meeting.
13
Voting
Every matter shall be
determined by a majority of votes of the
Trustees present and voting on the question. The Chairman of the meeting shall have a casting vote whether
he or she has or has not voted previously on
the same question but no Trustee in any other
circumstances shall give more than one vote.
14
Minutes
The Trustees shall keep
minutes, in books kept for the purpose, of the
proceedings at their meeting.
15
Trustees not to have a personal
interest
Except
with the prior written approval of the Charity
Commissioners no Trustee may;
1.
receive any benefit in money or in kind
from the charity; or
2.
have a financial interest in the supply
of goods or services to the charity; or
3.
acquire or hold any interest in
property of the charity (except in order to
hold it as trustee of the charity).
16 Amendment
Subject
to the following provisions of this clause the
constitution/rules may be amended by a
resolution passed by not less than two-thirds
of the Trustees present and voting at an
ordinary meeting.
The notice of the must include notice
of the resolution setting out the terms of the
amendment proposed.
No
amendment may be made which would have the
effect of making the Charities or any one of
them cease to be a Charity at law.
The
trustees must:
(a)
promptly send to the Commissioners a
copy of any amendment made; and
(b)
keep a copy of any such amendment with
this constitution/these rules."
17
Dissolution
If
the Charities Trustees decide that it is
necessary or advisable to dissolve the
Charity, they shall call a meeting of all
members of the Charity of which not less than
21 days' notice (stating the terms of the
resolution to be proposed) shall be given.
If the proposal is confirmed by a
two-thirds majority of those present and
voting, the Charities’ Trustees shall have
power to realise any assets held by or on
behalf of the Charity.
Any assets remaining after the
satisfaction of any proper debts and
liabilities shall be given or transferred to
such other charitable institution or
institutions having objects similar to the
object of the Charities as the Trustees of the
Charities may determine, or, if that cannot be
done, shall be applied for some other
charitable purpose.
In agreement with the above the Trustees
have signed below
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