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Constitution

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BANGLADESHI WELFARE ASSOCIATION
9 THE CRESCENT, SEVENOAKS KENT TN13-3QX 07855267449 EMAIL; kamaljmiah@yahoo.co.uk
 
 
   
Application of the Income and Property

(1)    The income and property of the Charity shall be applied solely towards the promotion of the Objects.

(2)     A Trustee may pay out of, or reimbursed from, the property of the Charity reasonable expenses properly incurred by him or when acting on behalf of the charity.

(3)    None of the income or property of the Charity may be paid or transferred directly or indirectly by way of dividend bonus or otherwise by why of profit to any member of the Charity. This does not prevent;

(a)                  A member who is not also a trustee from receiving reasonable and proper remuneration for any goods or services supplied to the Charity;

A Trustee from:

(i)  Buying goods or service from the Charity upon the

same  terms as other members or members of the public:

(ii) Receiving a benefit from the Charity in the  capacity of a beneficiary of the Charity, provided that the Trustees comply with the provisions of sub clause (6) of this clause, or as a member of the Charity and upon the same terms as other members;

(b)                  The purchase of indemnity insurance for the Trustees against any liability that by virtue of any rule of law would otherwise attach to a trustee or other officer in respect of any negligence, default breach of duty or breach of trust which he or she may be quality in relation to the Charity but excluding;

(i)                  fines;

(ii)                costs of unsuccessfully defending criminal prosecutions for offences arising out of the fraud, dishonesty or willful or reckless misconduct of the Trustee or other officer;

(iii)               liabilities to the Charity that result from conduct that the Trustee or other officer knew or ought to have known was not in the best interests of the Charity or in respect of which the person concerned did not care whether that conduct was in the best interests of the Charity or not.

(4)    No Trustee may be paid or received any other benefit for being a Trustee.

(5)    A Trustee may

 

(a)                  sell goods, services or any interest in land to the Charity ;

(b)                  be employed by or received any remuneration from the Charity;

(c)                  receive any other financial benefit from the Charity,

            if :

(d)                  he or she is not prevented from so doing by sub-clause (4) of clause ; and

(e)                  the benefit is permitted by sub- clause (3) of this clause; or

(f)                    the benefit is authorized by the Trustees in accordance with the conditions in sub-clause (6) of this clause.

(6)  (a) If it is proposed that a Trustee should receive a benefit from the Charity that is not already permitted under sub-clause (3) of this clause, he or she must

 

(i)                  declare his or her interest in the proposal;

(ii)                be absent from that part of any meeting at which the proposal is discussed and take no part in any discussion of it;

(iii)               not be counted in determining whether the meeting is quorate;

(iv)              not vote on the proposal.

(g)                  In cases covered by sub-clause (5) of this clause, those trustees who do not stand to receive the proposed benefit must be satisfied that it is in the interests of the Charity to contact with or employ that Trustee rather than with someone who is not a Trustee and they must record the reason for their decision in the minutes. In reaching that decision the Trustees must balance the advantage of contracting with or employing a trustee against the disadvantage of doing so (especially the lose of the Trustee’s services as a result of dealing with the Trustee’s conflict of interest).

(h)                  The Trustees may only authorize a transaction falling within paragraphs 5(a)-(c) of this clause if the trustee body comprises a majority of Trustees who have not received any such benefit.

(i)                    In the Trustee fail to follow this procedure, the resolution to confer a benefit upon the Trustee will be void and the Trustee must repay to the Charity the value of any benefit received by the Trustee from the Charity.

 

(7)          A Trustee must absent himself or herself from any discussions of the Trustees in which it is possible that a conflict will arise between his or her duty to act solely in the interests of the Charity and any personal interest (including but not limited to any personal financial interest) and take no part in the voting upon the matter.

(8)          A this Clause 4, “Trustee” shall include any person firm or company connected with the Trustee.

 
       
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