Acting as a charity trustee

[tapemeasure]

I entered into an IVA in June 2009 and have continued to act as a charity trustee. I genuinely didnt know I couldn't. Have receieved a letter from the Charity Commission today saying that I must resign immediately.

As much as this saddens me I have contacted the chair and clerk and made a very difficult phone call to explain. They are both very understanding and saddened too.

What has frightened me to death is the charity commissions website : Acting as a trustee whilst disqualified is a criminal offence by virtue either of s.73(1) of the 1993 Act or of ss.11-13 of the Company Directors Disqualification Act 1986. Conviction may lead to a fine, imprisonment or both.
If it comes to our attention that a disqualified trustee has continued to act in the administration of a charity despite disqualification, we should inform both the trustee concerned and the other members of the trustee body that this is the case and that it must cease immediately. There is no specific statutory duty for us to do so, but it falls within our general duty under s.1(3) of the 1993 Act. A criminal offence may have been committed.

I am a teacher and am seriously concerned that I will get a criminal record. I have not handled money or receieved money but have continued to act as a trustee during my IVA.

Am I being silly or should I be worried? It's going to be a sleepless night!!

[Adam Davies]

Hi
Do not worry, you didn't know and have resigned as soon as it was brought to your attention.
Once your IVA is concluded you can once again become a trustee
Regards

[tapemeasure]

Thankyou Andy - the website and wording was very threatening

[Broke of London]

Hi - I agree with Andy. You did exactly what was asked of you so nothing to worry about.

[tapemeasure]

It's the word conviction!!

[Broke of London]

You could always phone the person who sent the letter, explain you have resigned your position and ask if any further action will be taken against you? Scary call but it will put your mind at rest. I'm sure they have far more important things to worry about!

[Adam Davies]

Hi
I understand how letters can worry you.
When I was in my IVA I purchased a house [was in rented] with the permission of my IP and help from my mum. Some months after moving I received a letter from my IP threatening very much the same [jail etc] as I had not disclosed an asset !!! I was furious and my wife VERY worried, a quick sharp call to the IP and everything was ok [they blamed an error their end as they had not updated my new address and the fact that I had purchased my house with their permission]
Regards

[janderson]

Hi Tapemeasure

I can sympathise with you on this one, I have had to give up quite a lot of my commitments due to the IVA. I can say that if I had the correct advice at the start I would have given more thought to BR than the IVA route. I do think there are areas of confusion about what can and cannot be done while in an IVA.

Curious this one, how did the charity commision find out you where acting as a charity trustee?


My sympathy on the position you are in.[B)]