Commentary

190 Express power of disposition in the governing instrument

CHARITIES AND CHARITABLE GIVING vol 6(2)
| Commentary

190 Express power of disposition in the governing instrument

| Commentary

B: DISPOSING OF CHARITY LAND

1: POWER TO DISPOSE

190 Express power of disposition in the governing instrument

Whether a charity’s governing instrument includes an express power of disposition is not normally relevant1, unless it is proposed to sell or lease land held on trust for use in specie for the charitable purposes of the trust concerned. In such cases, if the trusts have failed and there is no express power of sale or leasing, it may be necessary to apply to the Charity Commission for a scheme2 to confer an express power as well as

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