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Charities Act 1985

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This is the original version (as it was originally enacted).

Schedule 1FORM OF RESOLUTION BY CHARITY TRUSTEES UNDER SECTION 2

WHEREAS we are the trustees of the____________________________ Charity, being a charity to which section 2 of the Charities Act 1985 applies:

AND WHEREAS we are of the opinion—

1(a) that the objects of the charity may fairly be considered obsolete or lacking in usefulness, or impossible of achievement, having regard to the period that has elapsed since the charity was founded, the social and economic changes that have taken place in that period and other circumstances relative to the functioning and administration of the charity, as follows ____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ (relevant circumstances, if any to be specified) and

(b)that an alteration of the charity's objects, as set out in ______________________________________________________________________________________ (here specify the applicable trust instrument) is required in order that the charity's resources may be applied to better effect, consistently with the spirit of the original gift:

AND WHEREAS alternative objects, being in law charitable, are specified in the schedule to this resolution and are in our opinion not so far dissimilar in character to those of the original charitable gift that this modification of the Charity's trust would constitute an unjustifiable departure from the intentions of the founder of the charity, or violate the spirit of the gift:

AND WHEREAS we have complied with section 2(4) of the said Act of 1985:

NOW THEREFORE we, the trustees of the said charity, under and in pursuance of section 2 of the Charities Act 1985, hereby resolve that the trusts of the charity be modified by replacing the objects set out in the trust instrument by the alternative objects specified in the schedule. Signed: __________________________________________________ _________________________________________________________ _________________________________________________________ TRUSTEES OF THE________________________CHARITY 1 Delete any words or phrases not applicable.

Schedule to this Resolution

ALTERNATIVE OBJECTS PROPOSED TO REPLACE THOSE SET OUT IN THE TRUST INSTRUMENT ______________________________________________________________________ ______________________________________________________________________

Schedule 2FORM OF RESOLUTION BY CHARITY TRUSTEES UNDER SECTION 3

WHEREAS we are the trustees of the________________________________ Charity,

of which the gross income in the preceding accounting period was £____________:

AND WHEREAS we think it expedient that the whole property of the charity be transferred to another charity, to be held and applied for, and as property of, that other charity:

AND WHEREAS we have obtained from the trustees of the____________ __________________________(here name proposed transferee charity), written confirmation that they are willing to accept a transfer of property under section 3 of the Charities Act 1985:

AND WHEREAS we have formed the opinion that the objects of the ____________________________________Charity are not so far dissimilar in character to those of the original charitable gift that the proposed transfer would constitute an unjustifiable departure from the intentions of the founder of the__________________________ Charity, or violate the spirit of the gift:

AND WHEREAS we have complied with section 3(3) of the said Act of 1985:

NOW THEREFORE we, the trustees of the________________________________ Charity, under and in pursuance of section 3 of the Charities Act 1985, hereby resolve that the whole property of the charity, including its permanent endowment, be transferred to the__________________________________ Charity. Signed: __________________________________________________ _________________________________________________________ _________________________________________________________ TRUSTEES OF THE__________________.CHARITY

Schedule 3FORM OF RESOLUTION BY CHARITY TRUSTEES UNDER SECTION 4

WHEREAS we are the trustees of the________________________________ Charity:

AND WHEREAS the value of the charity's permanent endowment is £____________or thereabouts), and the endowment does not consist of or comprise land or any interest in land, and its gross income in the last preceding accounting period was £______________:

AND WHEREAS we are of the opinion that the property of the charity is too small, in relation to its objects, for any useful purpose to be achieved by the expenditure of income alone:

AND WHEREAS we have complied with section 4(2) of the Charities Act 1985:

NOW THEREFORE we, the trustees of the said charity, under and in pursuance of section 4 of the Charities Act 1985, hereby resolve that the charity ought to be freed from any restrictions imposed by law with respect to expenditure of capital. Signed:__________________________________________________ _________________________________________________________________________ _________________________________________________________________________ TRUSTEES OF THE________________________CHARITY

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