We often get asked questions about setting up charities – in fact we have helped set up more than 50 just in the last year! A common question is regarding the CT1 Form which is needed to incorporate as a charitable trust board (the form is here).
The form requires one of the trustee’s of the proposed charitable trust to: Solemnly and sincerely declare that:
- I am one of the applicants under the application for incorporation submitted with this statutory declaration.
- There are no trusts, other than those set out in the trust document, under which the applicants for incorporation hold any property.”
This is a requirement of the Charitable Trusts Act 1957, section 10(2)(b) which echoes the wording above. It requires a statutory declaration by one of the subscribers to the application to set out any trusts on which the applicant (proposed charitable trust) hold any property, that have not been set out in any document with the application.
Our view is that this is in regards to any trusts that are related to the proposed charitable trust. So, it is a declaration saying that the charitable trust wanting to incorporate has no other trusts which hold property on behalf of the proposed charitable trust. If there are trusts that exist then this needs to be set out in the document with the application.
If a proposed Trustee of such a Trust has a family trust, or is a member of another Trust, then we do not think it is trying to capture that information.
If you are wanting to incorporate as a charitable trust or have any questions about charities, please feel free to get in touch with out experts here at Parry Field Lawyers and check out our free resources for Charities at our site.
This article is for general informational purposes only and does not constitute legal advice. For advice specific to your situation, please contact a qualified legal professional. Reproduction is permitted with prior approval and credit to the source.
