OPERATIONAL GUIDANCE
WAIVER OF DISQUALIFICATION FOR ACTING AS A CHARITY TRUSTEE
MODEL LETTER: RESPONSE TO APPLICATION FOR OR INQUIRY CONCERNING A WAIVER UNDER SECTION 72(4) OF THE 1993 ACT WHERE DISQUALIFICATION IS A RESULT OF BANKRUPTCY, COMPOSITION OR ARRANGEMENT
OG 42 L1 – 27 February 2007
Index to further related information
 |
 |
 |
| The Law |
Refer to a lawyer |
Refer to an accountant |
 |
 |
|
Dear |
| |
Thank you for your letter of [ ] applying for/inquiring about a waiver from disqualification for being a charity trustee/trustee for a charity generally/in relation to [(charity)]/in relation to [(class of charities)]. |
| |
Any decision of the Commission as to whether or not to grant a waiver will have particular regard to the best interests of charity generally or of the particular charity or class of charity referred to in the application: they will consider what, if any, benefit to the charity or charities is likely to result from the applicant acting as trustee. Each application will be decided on the particular facts and issues pertaining to it but there are a number of factors which the Commission has agreed will generally be relevant to their considerations. I attach a list of such factors but there may be other additional factors which may be relevant to your application. |
| |
Before submitting an application for a waiver, it is advisable that you ascertain from the governing document(s) of the charity or charities concerned whether there is anything within it which prevents the applicant from acting as a trustee. If there is a provision for the determination of trusteeship in your circumstances, a waiver of disqualification would not be effective in respect of that particular charity. |
| |
The submission of sufficient and relevant evidence to support an application is a matter for the applicant but, generally, the Commission will require: |
| |
|
(1) |
a statement of the ground(s) for disqualification; |
| |
|
(2) |
an account of the circumstances and events which led to the disqualification; |
| |
|
(3) |
documentary evidence to show the seriousness of the bankruptcy/composition/arrangement; |
| |
|
(4) |
confirmation that (i) on the checklist does not apply or full details, with copies of supporting documents, if it does apply; |
| |
|
(5) |
the name and registration number of any charity involved in the events which led to disqualification, the application for a waiver (in the case of an application in respect of a particular charity or charities) or as in (k) on the checklist; and |
| |
|
(6) |
written support for a waiver from all of the other trustees of the charity or charities concerned, including any special qualities they feel only you can bring to the administration of the charity, and any other information which they feel would be useful, with regard top the factors listed in the checklist.. |
| |
Again, this is not an exhaustive list and you may put before the Commission any other matter you feel is relevant to the application. |
| |
Finally you will need to state clearly under which section of the 1993 Act you are applying for a waiver. |
| |
|
| |
Enc: copy of checklist in OG 42 X1 |
|
|