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Commentary

68 Accounts against defaulting trustees

CHARITIES AND CHARITABLE GIVING vol 6(2)
| Commentary

68 Accounts against defaulting trustees

| Commentary

68 Accounts against defaulting trustees

It is unfortunately not unknown for persons in a fiduciary role to misapply charitable funds whether by loss through negligence or by expending them for a purpose other than the furtherance of the charity’s objects. In the case of deliberate misapplication, various remedies are available including the taking of an account (normally from the date at which the misapplication commenced)1.

Where a corporation is liable to make good a loss caused by breach of trust, the loss is not chargeable on the corporation’s general property. The remedy is enforceable by sequestration2.

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