Who can understand this legal term from the Soc?

by Splash 6 Replies latest watchtower scandals

• 

  Splash

  Looking at the Charity Commission website in the UK, there is a charity 275946 - THE KINGDOM HALL TRUST.

  http://www.charity-commission.gov.uk/Showcharity/RegisterOfCharities/CharityWithoutPartB.aspx?RegisteredCharityNumber=275946&SubsidiaryNumber=0

  Its activity is:

  ACTING AS CUSTODIAN TRUSTEE HOLDING TITLE TO FREEHOLD AND LEASEHOLD PROPERTIES ACQUIRED AS PLACES OF WORSHIP FOR CONGREGATIONS OF JEHOVAH'S WITNESSES IN ENGLAND AND WALES.

  What does it mean to "ACT AS CUSTODIAN TRUSTEE HOLDING TITLE TO FREEHOLD AND LEASEHOLD PROPERTIES"?

  Is this the fabled mechanism for IBSA to take ownership of the KHalls land and buildings, or is it much simpler in that they are merely having the title deeds lodged with them for safe keeping?

  The other perplexing thing is the yearly accounts for this fund: Income £1, outgoings £16??

  Splash.
• 

  MMXIV

  You may well have found the holy grail here. Reporting on the charities commission site needs to be clear and in line with the purposes and strategy for the registered charity.

  The spend of £16 per annum could either refer to an annual admin fee or potentially for the purchase of assets at a nominal value of £1 each i.e. 16 kingdom hall freeholds were transferred into it's ownership during the year.

  Legal definition of custodian trustee:

  http://www.charitycommission.gov.uk/about_us/ogs/g039a001.aspx

  mmxiv
• 

  Phizzy

  This is the device by which they get Congregations to cede ownership of Kindom Halls to this Trust and therefore to the WT who will trouser any money if a Hall was closed and sold. I presume that the value of the Halls and their land is not included in income when they get their clutches on it.

  Of course the majority of KH's in the U.K have been owned by this trust for many years, most R&F JW's do not have a clue what would happen to their Hall and land that they donated and worked on for free, if it was sold.

  Dumbasses, perhaps we need a Menlo Park here in the U.K to wake 'em up.
• 

  Splash

  Thanks for the link MMXIV.

  I found from there the Public Trustee Act 1906 which says in part:

  Where the public trustee is appointed to be custodian trustee of any trust -

  (a) The trust property shall be transferred to the custodian trustee as if he were sole trustee, and for that purpose vesting orders may, where necessary, be made under the Trustee Act 1893

  (b) The management of the trust property and the exercise of any power or discretion exerciseable by the trustees under the trust shall remain vested in the trustees other than the custodian trustee (which trustees are herein-after referred to as the managing trustees):

  (c) As between the custodian trustee and the managing trustees, and subject and without prejudice to the rights of any other persons, the custodian trustee shall have the custody of all securities and documents of title relating to the trust property, but the managing trustee shall have free access thereto and be entitled to take copies thereof or extracts therefrom.

  Splash
• 

  BluesBrother

  Having read a few links from Google I am not so sure now that this arrangement is to the detriment of the local cong.

  http://www.stewardship.org.uk/Custodian%20Trustee%20Service%20web%2002%2010.pdf

  "Local managing trustees [stet The Congregation Trustees] always remain

  legally in control of the property[ The K/Hall]. You will be

  legally empowered to remove Stewardship

  as custodian trustee at any time and require

  us to transfer the property back to named

  trustees. We may only refuse to follow

  instructions if they would involve a breach

  of trust"

  This firm charges charities for its services..I am, though, no expert in legal matters. If anyone can refute this and show me that I am wrong - please do....
• 

  Rob Crompton

  This is the same as the legal ownership of all Methodist churches - and probably lots of others as well - in the UK. This is a requirement of Charity law which means that the buildings of registered charities are owned on an appropriate legal basis. That is, in this manner with local Managing Trustees and central Custodian Trustees, or possibly by the formation of a limited company (which can be a pain in the butt). It means that if a building is sold the proceeds can only be used in accordance with the stated charitable aims of the registered charity. So the local trustees can't just decide to sell up and pocket the cash, or give their building away to a different denomination.

  So if an entire congregation decide to defect from the Methodists to the JWs they could just turn their church into a kingdom hall. And if the local JWs all became catholics or whatever, they couldn't turn their KH into a church.
• 

  Rob Crompton

  Oops! I just noticed a mistake in my previous post. That next-to-the-last sentence should read ...could not just turn their church... Hope that makes a bit more sense!