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What are the advantages of incorporating as a charitable trust board?

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It is not compulsory to incorporate as a board. There are, however, advantages to becoming incorporated.

If the trustees apply to incorporate as a board, they need not be concerned about retirements and appointments over time, as the board will hold the trust property in its name and the trustees – now members of the board – will decide how the board should administer it to benefit the charitable purpose.

The board, not the trustees, will enter into all obligations, and it, not the trustees, will be sued if some default occurs.  The trustees will continue to act to the high standards that the law requires whether or not they decide to incorporate as a board.

The procedure for incorporating is set out below, after a note on another category of applicants who can become a board.

 

Last updated 5 January 2012

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