Trustee of a charity

[artemischild]

Hi all [:D]

Just a quicky, ive been asked if i would consider applying to be a trustee of a young persons suicide charity (its the field i work in professionaly also) but im a little confused about the charities act 1993.

It mentiones those in bankrupcy but doesnt specificall mention an IVE, however it does say 'has made a composition or arrangements with,or granted a trust deed for his/her creditors and has not been discharged'

So is it possible to be a trustee of a charity whilst in an IVA (Due to be compleated in april 2012) if not will i be able to be a trustee once i complete my iva (post completion certificate) but still in the period where it sits on your file for another year (year 5-6)?

Many thanks
Arty [xx(]

[RRones]

I was a trustee till i found out if you are in a IVA you are not allowed to be .

Ill dig out my old thread

[James Falla]

Hi there artemischild

You have to dig deep but as you have found, Section 71 (1) (c) of the Charities Act reveals the following comment: a person shall be disqualified for being a charity trustee or trustee for a charity if - he has made a composition or arrangement with, or granted a trust deed for, his creditors and has not been discharged in respect of it.

Given that an IVA is a composition or arrangement with creditors, the act does therefore disqualify people in IVAs I am afraid.

Once you have completed your IVA and have our completion certificate, you are then free to become a trustee. You do not have to wait for the record to be cleared off your credit file.

[artemischild]

Thanks for the replys guys, i thought it was the case you couldnt be a trustee! Never mind, i'll just have to hang on a while!

Thanks again
arty

[chelka]

I've just emailed the charities commission on this subject as i'm now in completion but my 6th year doesn't end until May 2012 so asked if i can send my certificate of completion to them as evidence. I'll report back if they reply!