Page 11 - ALG Issue 3 2024

agreement to hold the land on behalf
of all their members and/or will have a bank account where they hold members’ money. In both of these scenarios, whilst the trust may not be formally set out in writing, there will be a clear intention for a trust to exist and therefore it would be regarded as an express trust.
• What is the deadline for registration?
This legislation was implemented in 2022.There is no set deadline for you to complete the registration.The NAS
simply advise that if you must register your trust, to do it as soon as possible.
• Do we need to appoint trustees?
If your association needs to appoint new trustees based on previous trustees resigning or passing away, you will need
a clause in your constitution that covers how they are appointed, how trustees operate and how they are removed. I have included our template trustee clause below that you could use to amend your own constitution:
• What should we do if we receive a message at the end of the registration process to say that we do not need to register the trust?
If you have completed the registration and have been informed you do not need to register the trust, the NAS advises double checking your answers
to the registration questions and if the result is the same then take a screenshot and save it in your records in case HMRC were to approach you in the future for not registering the trust.
LEGAL
Trustees
1. The Association will have no fewer than two and no more than four trustees at any given time.
2. If the Association wish to appoint additional trustees, the appointment will be made with a members vote at the AGM.
3. The trustees will be responsible for signing the lease for the allotment land on behalf of the Association.The trustees will also be responsible for upholding the terms of the lease.
4. To confirm the terms of the lease are being followed, at least one trustee must be in attendance at every committee meeting.
5. An individual may be removed from the role of trustee in the following ways:
a. Following the death of the
individual.
b. Where the trustee voluntarily
retires.
c. By a two thirds majority vote
by the members at an AGM or
EGM.
d. Following the dissolution of the
association.
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Allotment and Leisure Gardener | Issue 3 2024 | 11