Authorisation & Relief

Power to advise charity trustees

Where the trustees of a charity apply to the Charities Regulatory Authority for their opinion or advice respecting the charity or the administration thereof or the property thereof or the application of the property or any question or dispute relating thereto or where the executors of a will containing a charitable devise or bequest apply to the Charities Regulatory Authority for their opinion or advice respecting the devise or bequest or the administration thereof or the application thereof or any question or dispute relating thereto, the Charities Regulatory Authority shall consider the application and may, if they think fit, give such opinion or advice as they think expedient.

Where the Charities Regulatory Authority give their opinion or advice in relation to any matter, a trustee, executor or any other person who during any period (not being a period after the making of an order in relation to the matter by a Court of competent jurisdiction) acts on or in accordance with the opinion or advice shall, in respect of his so acting during that period, be deemed, so far as respects his own responsibility, to have acted in accordance with his trust.

This provision shall not indemnify a trustee or other person for any act done in accordance with an opinion or advice of the Charities Regulatory Authority, if he has been guilty of fraud, wilful concealment or misrepresentation in obtaining the opinion or advice.

Compromise of claims by or against a charity.

If it appears to the trustees of a charity that any claim against a person in relation to the charity may, with advantage to the charity, or should, in the special circumstances of the case, be compromised, the trustees or that person, with the consent of the trustees, may submit to the Charities Regulatory Authority a statement and proposal for a compromise.

If it appears to the trustees of a charity that any claim by any person against the charity or them may, with advantage to the charity, or should, in the special circumstances of the case, be compromised, the trustees or that person, with the consent of the trustees, may submit to the Charities Regulatory Authority a statement and proposal for a compromise.

Where the Charities Regulatory Authority, after such inquiry as they think necessary, are of opinion that the proposal, with or without modification, is fit and proper and for the benefit of the charity, the Charities Regulatory Authority may make such order in relation to the compromise as they think fit.

Recovery of charitable gifts improperly withheld, concealed, or misapplied.

The Charities Regulatory Authority may, with the previous consent of the Attorney General, sue for the recovery of any charitable gift intended to be applied in the State which is improperly withheld, concealed or misapplied. The Charities Regulatory Authority shall apply every charitable gift so recovered by them to charitable purposes according to the intention of the donor.

The Charities Regulatory Authority may deduct from any charitable gift recovered by them under this section all costs, charges and expenses incurred by them in such recovery.

Whenever any sum is payable to or for any charitable purposes, the Charities Regulatory Authority or the trustees of the charity, with the consent of the Charities Regulatory Authority, may sue for and recover it, from the person for the time being liable therefor or whose duty it is to pay it, as a simple contract debt in any Court of competent jurisdiction without obtaining the consent of the Attorney General.

Power to authorise or direct institution of legal proceedings

If it appears to the Charities Regulatory Authority desirable that legal proceedings should be instituted with respect to any charity by any person, other than the Attorney General, the Charities Regulatory Authority may authorise or direct those legal proceedings to be instituted and give such directions in relation thereto as they think proper, and thereupon such legal proceedings may be instituted.

If in any case it appears to the Charities Regulatory Authority desirable that legal proceedings with respect to any charity should be instituted by the Attorney General, the Charities Regulatory Authority may certify the case, to the Attorney General, with such statements and particulars as may in their opinion be required for the explanation of the case.

Where a case is so certified to the Attorney General, he may, if he thinks fit, institute such legal proceedings as he considers proper in the circumstances of the case.

Power to apply for conduct of suits for carrying out trusts of wills in case of delay.

Where a person has by will left any property for charitable purposes, and a suit for the administration of the assets or carrying out the trusts of the will has been instituted by the personal representative of that person, the Charities Regulatory Authority (though not parties to the suit) may, on the ground of delay, apply to the Court in which the suit is pending to have the conduct of the suit transferred to the Charities Regulatory Authority.

Thereupon the Court, if of opinion that there has been undue or improper delay in proceeding with the suit, may give the conduct of the suit to the Charities Regulatory Authority, or impose on the party having the conduct of the suit such terms as it deems necessary for bringing the suit to a speedy termination,
and may make such orders on the application as the Court thinks fit.

Power to apply for transfer of unapplied charity fund in Court.

Where any fund, standing to a separate credit in any matter within the jurisdiction of a Court, for the benefit of a charity or impressed with a charitable trust remains unapplied, the Charities Regulatory Authority may apply to that Court for the transfer to them of the fund, to be held by them upon the charitable trust affecting the fund, and thereupon the Court may make such order as to the transfer of the fund to the Charities Regulatory Authority or otherwise (including the payment of costs out of the fund) as the Court thinks fit.

Any person in whom any land or fund is vested in trust for any charitable purpose may, with the previous consent in writing of the Charities Regulatory Authority, transfer all or any part thereof to the Charities Regulatory Authority to be held by them for that purpose.

Where a charitable gift was originally vested in more than one trustee and not more than six trustees, a transfer shall not be made so long as there are fewer trustees than the original number appointed to act in the trusts or execution of the charitable gift or without the consent of all the trustees having first been signified in writing signed by them, such writing to be deposited with the Charities Regulatory Authority.

Authorising Investments, Sales, Leases I

The Charities Regulatory Authority may, in their discretion, invest any fund held by them upon any charitable trust in such manner as they think proper. The Authority may, if they think fit, on the application of the trustees of any fund held upon any charitable trust, by order confer upon the trustees, either generally or in any particular instance, power to invest the fund in such manner, on such terms and subject to such conditions as the Charities Regulatory Authority may think proper.

Where an application is made to the Charities Regulatory Authority by the trustees of any charity comprising land representing that a specified disposition of the land can be effected on terms which would be advantageous to the charity, the Charities Regulatory Authority may, if they think fit, inquire into the circumstances, and if, after inquiry, they are satisfied that the proposed disposition would be advantageous to the charity, they may authorise the applicants to make that disposition and give such directions in relation thereto and for securing the due investment of the money arising therefrom, for the benefit of the charity, as they think fit.

The Charities Regulatory Authority may if they think proper, authorise, with retrospective effect, a specific disposition made without such authority. If it appears to the Charities Regulatory Authority in respect of any charity comprising land of which they are trustees that any disposition of the land would be beneficial to the charity, they may make that disposition of the land and the money arising therefrom shall be invested for the benefit of the charity in such manner as the Charities Regulatory Authority thinks fit.

Authorising Investments, Sales, Leases II

If it appears to the trustees of any charity comprising land that the doing of any act to which this section applies would be for the benefit of the charity, they may lay before the Charities Regulatory Authority a statement and proposal in relation to the doing of that act, and thereupon—

• the Charities Regulatory Authority, if they think that the doing of the act to which the statement and proposal relate (with or without modifications or alterations) would be beneficial to the charity, may make such order for or in relation to the doing of the act and any circumstances connected therewith, as they think fit, though the act is not authorised or permitted by the trust;
• the Charities Regulatory Authority may by that order authorise the application of any moneys belonging to the charity for the act, and, if necessary, may authorise the trustees to raise any sum of money by mortgage of all or any part of the land of the charity.

All sales, leases, exchanges and other transactions authorised by the Charities Regulatory Authority under this Act shall have the like effect and validity as if they had been authorised by the express terms of the trust affecting the charity.

Giving Receipts / Taking in Deeds

Where a person is liable to make any payment to or for any charitable purposes, and difficulty arises in making the payment by reason of the death, absence, incapacity or non-existence of a person competent to give an effectual discharge, the Charities Regulatory Authority may, if they think fit, accept the payment (to be applied by them according to the trusts affecting it) and the receipt of the Charities Regulatory Authority shall be an effectual discharge to the person making the payment.

t shall be lawful for trustees or other persons having the custody of any deeds or muniments of or relating to a charity to deposit them for security in a repository which may be provided by the Charities Regulatory Authority, subject to any regulations made by the Charities Regulatory Authority under this Act.