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Bankrupt And Being Chair


Rea
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Would anyone know this?...

If you are a chair and you declare yourself bankrupt in your personal life, can you remain as chair, or does it mean you have to resign your post?

 

:o

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I think if you run under the PLA constitution people who are undischarged bankrupts cannot hold officer positions, and maybe cannot be on the committee, but the last might not be true.

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Surely there must be something written somewhere about two of the three key officer roles being taken by a husband and wife?. Isn't that a bit of a monopoly? And if you only needed two signatures on a cheque he and the Chair could be in Barbados by the weekend......

We rightly or wrongly thought that a husband and wife couldn't even both be on the committee together as it could lead to bias.

No idea where we got that from though.

 

What I do know is that I am becoming addicted to this forum......

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would this be a question for the charity commission, if you are a charity of course..my thoughts are going to what you have to do and sign as a trustee for them on the annual return.

 

probably not covered in the constitution, but do know when we tried to change bank, could not because of the status of one of out signatories.. never did find out why but think it was a debt issue there..because of the way our account was checked by so many we never worried about it, but could bean issue..

 

Inge

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We are a charity and have adopted the PLA constitution but I havent read it for years, not even the old version!

 

The treasurer is the chairs husband because he offered to be treasurer when no one else would, he doesnt sign cheques thats the chair and secretary, but soon to be me instead of chair I think. Actually, apart form showing a bank statement at meetings I'm pushed to know what he does do.

 

It would be a shame if they couldnt even stay on the committee, the chair especially has been great and has done a really good job, I know the playleader has always felt supported by her.

 

I'll look at the charity commission site.

Thanks everyone :o

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Quote from the Charity Commission website re- who are disqualified from acting as Trustee:

 

"Generally speaking anyone who is 18 years or over can be a trustee. However, certain people are legally disqualified from continuing to be, or from becoming a trustee. Obviously this will only effect a small minority of people. People who are disqualified are those who

 

have been convicted at any time of any offence involving deception or dishonesty, unless the conviction is legally regarded as spent; or

are undischarged bankrupts; or

have made compositions or arrangements with their creditors from which they have not been discharged ..."

 

 

And from the PLA website "If more than one parent/carer from the same family wishes to become trustees and stand on the committee, then they can do so if one is nominated under their family membership and the other applies to the trustees for affiliate membership with the charity.

 

Sometimes having two members of the same family on the committee may affect committee procedures, so the trustees will need to review this at the first committee meeting. For example, if the two individuals were elected as Chair and Treasurer, it might be decided that a duplicate bank statement be sent to another trustee".

 

Hope this will be of help.

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