The Charity Trust Deed is a crucial legal document used in New Zealand when establishing a formal charitable organization. This deed is required for registration with the Charities Services and compliance with the Charities Act 2005 and Trusts Act 2019. It should be used when founders wish to create a lasting charitable entity with formal governance structures and clear charitable purposes. The document includes essential provisions for trustee appointments, powers, and duties, financial management, decision-making processes, and eventual succession or winding up procedures. A well-drafted Charity Trust Deed ensures the organization can operate effectively while maintaining its charitable status and tax benefits under New Zealand law.
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Key Requirements PROMPT example:
Charity Trust Deed
"I need a Charity Trust Deed for establishing an environmental conservation trust by March 2025, with provisions for international operations and the ability to engage in commercial activities to support our conservation projects."
1. Parties: Identifies the settlor(s) and initial trustees of the charitable trust
2. Background: Sets out the context and intention to establish the charitable trust
3. Definitions and Interpretation: Defines key terms used throughout the deed and interpretation rules
4. Declaration of Trust: Formal establishment of the trust and initial trust property
5. Charitable Purposes: Clearly defined charitable purposes that comply with the Charities Act 2005
6. Powers of Trustees: Comprehensive list of powers granted to trustees to fulfill the trust's purposes
7. Appointment and Removal of Trustees: Procedures for appointing new trustees and circumstances for removal
8. Proceedings of Trustees: Rules for trustees' meetings, decision-making processes, and quorum requirements
9. Income and Property: Rules for managing trust income and property, including investment powers
10. Records and Accounts: Requirements for financial records, reporting, and audit procedures
11. Liability and Indemnity: Provisions regarding trustee liability and indemnification
12. Amendment of Trust Deed: Process for amending the trust deed while maintaining charitable status
13. Winding Up: Procedures for dissolution and distribution of remaining assets
1. Trading Activities: Required if the trust will engage in business or trading activities to support its charitable purposes
2. Advisory Board: Include when the trust desires a separate advisory body to provide non-binding guidance
3. Dispute Resolution: Detailed dispute resolution procedures for complex trusts or where significant conflicts are anticipated
4. Specific Fundraising Provisions: Include when the trust plans specific fundraising activities requiring detailed governance
5. International Operations: Required if the trust will operate or send funds overseas
6. Volunteer Management: Include when the trust will rely significantly on volunteer support
7. Intellectual Property: Required when the trust will develop or manage significant intellectual property
1. Schedule 1 - Initial Trustees: List of initial trustees with their full legal names and addresses
2. Schedule 2 - Initial Trust Property: Details of any initial property or funds settled on the trust
3. Schedule 3 - Trustees' Meeting Procedures: Detailed procedures for conducting trustee meetings and making decisions
4. Schedule 4 - Delegated Authorities: Specified delegations and financial authorities for trustees and officers
5. Schedule 5 - Conflict of Interest Procedures: Detailed procedures for identifying and managing conflicts of interest
6. Appendix A - Trustee Declaration Form: Template for new trustees to declare eligibility and acceptance of appointment
7. Appendix B - Governance Policies: Key governance policies required for charitable registration and operation
Authors
Relevant legal definitions
Clauses
Relevant Industries
Non-Profit
Social Services
Healthcare
Education
Environmental Conservation
Arts and Culture
Religious Organizations
Community Development
Humanitarian Aid
Sports and Recreation
Relevant Teams
Legal
Compliance
Finance
Governance
Operations
Risk Management
Administration
Program Management
Fundraising
Relevant Roles
Board Chair
Trustee
Chief Executive Officer
Legal Counsel
Compliance Officer
Finance Director
Operations Manager
Governance Manager
Risk Manager
Company Secretary
Charity Administrator
Program Director
Fundraising Manager
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