Can a kh trustee have a criminal conviction?

by badboy 6 Replies latest jw friends

  • badboy
    badboy

    what is charity commission position on this one?

    Let say, a trustee was convicted of tax offences. would that affected whether they could be a trustee.

  • asilentone
    asilentone

    good question, ask Bethel!

  • isaacaustin
    isaacaustin

    I would not think it would stop them from holding that postion. Child molestation conviction do not stop one from holding positions...at least not till lately.

  • blondie
    blondie
    E3. Am I eligible to become a trustee?

    The short answer
    Most people over 18 years of age can become trustees, but a few are not eligible. People under 18 can be trustees of an incorporated charity, but cannot be trustees of an unincorporated charity.

    In more detail
    Ineligible people: Those who have already been disqualified as company directors and those who have been convicted of an offence involving dishonesty or deception are some of the people who cannot usually become trustees. In some cases, people who receive benefits from the charity may also be ineligible. Full details are in our guidance Finding New Trustees: What charities need to know (CC30) and Users on Board: Beneficiaries who become trustees (CC24).

    Some people are disqualified by law from acting as trustees, including anyone described in section 72(1) of the Charities Act 1993. This includes:

    • anyone who has an unspent conviction for an offence involving deception or dishonesty;
    • anyone who is an undischarged bankrupt;
    • anyone who has been removed from trusteeship of a charity by the Court or the Commissioners for misconduct or mismanagement; and
    • anyone under a disqualification order under the Company Directors Disqualification Act 1986.

    It is normally an offence to act as a trustee while disqualified unless we have given a waiver under section 72(4) of the Charities Act 1993, (as amended by the Charities Act 2006) (there are some special provisions applying to the administration of charitable companies). Further information about disqualifications and waivers of disqualification can be found in our staff guidance OG41 and OG42 which can be accessed via the Publications and Guidance page on our website.

    In addition to the disqualifications detailed in section 72(1) of the 1993 Act, which apply to all types of charities, the Criminal Justice and Court Services Act 2000 disqualifies certain individuals from holding a range of positions in children's charities, which includes charity trusteeship. We do not have the authority to give a waiver for this type of disqualification.

    http://www.charitycommission.gov.uk/publications/cc30.asp#6

  • loosie
    loosie

    WOW so they care about the KH accounts, but yet pedo's can go out in service and come in contact with children.

  • core
    core

    In the UK potentially yes - in fact the Trustee is a Trustee of the Congregation (Not the KH)- all elders in England & Wales are de facto Trustees of the local Charity - The Anytown Congregation of Jehovahs Witnesses - the branch office did refer to exceptions whereby a Bankrupt for example could not be a charity Trustee (but could be an elder) - If a convicted tax fraudster was a Trustee then the Charity Commission would doubtless like to know!

  • badboy
    badboy

    BTTTT

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