Flashcards
Equity and Trusts - Charitable Trusts
Flashcards do conjunto (17)
- 1Who is charged with the duty of enforcing charitable trusts?The Attorney General
- 2who does a charitable trust benefit?The public or some part of it
- 3Which of the three certainties are charitable trusts exempt from?Certainty of objects
- 4Case which confirmed charitable trusts are exempt from certainty of objects?Morice v Bishop of Durham
- 5What are the advantages of charitable trusts?Tax Advantages - this enables charitable trusts to further their charitable work
Perpetuity - in contrast to other trusts property can be dedicated indefinetely for a charitable purpose. - 6Who generally decides if a purpose is 'charitable'?The charity commission
- 7What are the legal requirements of a valid charitable trust?1. The trust must have a recognised charitable purpose
2. The trust must be for the public benefit
3. The trust must have exclusively charitable purposes - 8Key statute for charities?Charities Act 2011
- 9Case which confirms that trustees of a charity trust can act by majority rather than collectively?Whiteley
- 10If the trust fails at the outset what measure can be applied to try to rescue it?Cy-pres
- 11Where is the statutory definition of a charity found?S.1 Charities Act 2011
- 12To be a charitable trust the purpose of the trust must fall within the charitable purposes set out in?s. 2(1)
- 13charity commission guidance states that for a purpose to be of public benefit it must satisfy which two elements?1. the benefit aspect - the purpose must be beneficial and any detriment or harm that results from the purpose must not outweigh the benefit
2. The public aspect - the purpose must benefit the public in general or a sufficient section of the public - 14in AG v Charity Commission for England and Wales it was decided that public benefit had two elements, which are...1. the nature of the purpose of the charity must be a benefit to the community;
2. the work provided by the charity must benefit a large enough section of the public and not a private class of individuals - 15in relation to the relief of poverty then only the first aspect of public benefit needs to be complied with (beneficial to the community). The second aspect (a large enough section of the public) does not need to be complied with under this head of charity onlyAG v Charity Commission for England and Wales
- 16Charities may not have political objects. Trusts for political parties are not charitable and political purposes disguised as education are not charitable - case to support this...re Bushnell
- 17What are the 3 main things to consider starting charities?1. Are the objects charitable within the meaning of s 3 charaties act 2011?
2. If so, is there sufficient public benefit?
3. If so, are the objects exclusivly charitable?
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- post grad Equity and trusts FlashCards sobre Equity and Trusts - Charitable Trusts, criado por Robin Pearce em 30-05-2015.
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- Robin Pearce
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