Part 12

Incorporation of charity trustees

Administration etc. of charity whose charity trustees are incorporated

Execution of documents by incorporated body: general
260
1
This section and section 261 have effect as respects the execution of documents by an incorporated body.
2
If an incorporated body has a common seal, a document may be executed by the body by the affixing of its common seal.
3
Whether or not it has a common seal, a document may be executed by an incorporated body by being—
a
signed by a majority of the charity trustees of the relevant charity and expressed (in whatever form of words) to be executed by the body, or
b
executed in pursuance of an authority given under section 261(1).
4
A document duly executed by an incorporated body which makes it clear on its face that it is intended by the person or persons making it to be a deed has effect, upon delivery, as a deed; and it is presumed, unless a contrary intention is proved, to be delivered upon its being so executed.
5
In favour of a purchaser a document is to be treated as having been duly executed by an incorporated body if it purports to be signed by—
a
a majority of the charity trustees of the relevant charity, or
b
such of the charity trustees of the relevant charity as are authorised by the charity trustees of that charity to execute it in the name and on behalf of the body,
and, if the document makes it clear on its face that it is intended by the person or persons making it to be a deed, it is to be treated as having been delivered upon its being executed.
6
For the purposes of subsection (5) “purchaser”—
a
means a purchaser in good faith for valuable consideration, and
b
includes a lessee, mortgagee or other person who for valuable consideration acquires an interest in property.