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ensure are covered are:
Ÿ The application should be treated in exactly the same way as any other grant application being shown no more favourable or less favourable treatment because of the association. The manner in which the application is discussed, the information sought etc. should be consistent with all other applications
Ÿ Where the individual member of the institute who is associated with
the applicant would normally be involved in the grant making process, that individual should declare an interest, remove themselves from the process and the fact that they have done so should be recorded. For more information about con icts of interest and how to deal with them, please see chapter three
DOES THIS THEORY APPLY SHOULD WE
BE ASKED FOR MONEY BY THE GENERALATE?
The trustees of the charity have certain responsibilities and duties in respect to any request by the institute’s generalate (or any other part of the institute) for the transfer of monies from the English charity to fund the generalate or overseas projects.
One of the key aspects to remember when considering any such request
is that for the purposes of English civil law the English charity is legally separate and distinct from the institute. The charity and its trustees must comply with English charity law at all times. The law requires charity trustees to take responsibility for the stewardship of the charity’s assets, to protect those assets and apply them only for purposes consistent with the charity’s objectives as set out in its governing document. This responsibility is onerous and is strongly policed by both the Charity Commission and HM Revenue and Customs (HMRC).
When taking decisions as to the application of the charity’s resources and assets (including cash and investments), the trustees must always consider and act in a way that is in the best interests of the charity and the fact that they have done so must be transparent. While the interests of the charity and those of the overall institute may be consistent in most instances, this may not always be the case – the trustees here in England may be of the view that the charity’s funds are needed for the long term security and care of the members and their work here, at least for the foreseeable future. The manner in which
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