www.iva.co.uk

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(]

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

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.

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

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!