C1C2C3Part IV Agents, nominees and custodians

Annotations:
Modifications etc. (not altering text)
C1

Pt. 4 applied in part (with modifications) (2.1.2013) by The Charitable Incorporated Organisations (General) Regulations 2012 (S.I. 2012/3012), regs. 1, 33

C2

Pt. 4 applied (with modifications) (in part) by 1956 c. lxvii, s. 5(1B)-(1D) (as substituted (10.3.2015) by The Charities (People's Dispensary for Sick Animals) Order 2015 (S.I. 2015/198), art. 1, Sch. Scheme para. 4)

C3

Pt. 4 applied (with modifications) by 1961 c. xxxviii, s. 9(2)(3)(a)(4) (as substituted (1.9.2017) by The Charities (Shakespeare Birthplace Trust) Order 2017 (S.I. 2017/783), art. 1, Sch. Scheme para. 5)

Nominees and custodians

19 Persons who may be appointed as nominees or custodians.

1

A person may not be appointed under section 16, 17 or 18 as a nominee or custodian unless one of the relevant conditions is satisfied.

2

The relevant conditions are that—

a

the person carries on a business which consists of or includes acting as a nominee or custodian;

b

the person is a body corporate which is controlled by the trustees;

c

the person is a body corporate recognised under section 9 of the M1Administration of Justice Act 1985.

3

The question whether a body corporate is controlled by trustees is to be determined in accordance with F2section 1124 of the Corporation Tax Act 2010.

4

The trustees of a charitable trust which is not an exempt charity must act in accordance with any guidance given by the F1Charity Commission concerning the selection of a person for appointment as a nominee or custodian under section 16, 17 or 18.

5

Subject to subsections (1) and (4), the persons whom the trustees may under section 16, 17 or 18 appoint as a nominee or custodian include—

a

one of their number, if that one is a trust corporation, or

b

two (or more) of their number, if they are to act as joint nominees or joint custodians.

6

The trustees may under section 16 appoint a person to act as their nominee even though he is also—

a

appointed to act as their custodian (whether under section 17 or 18 or any other power), or

b

authorised to exercise functions as their agent (whether under section 11 or any other power).

7

Likewise, the trustees may under section 17 or 18 appoint a person to act as their custodian even though he is also—

a

appointed to act as their nominee (whether under section 16 or any other power), or

b

authorised to exercise functions as their agent (whether under section 11 or any other power).