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been excepted by an institute of the Charity Commission (certain churches etc.) or any charity whose income in a 12 month period does not currently exceed £5,000 (this being a rolling criteria).
As a result, because of the way your assets are being held for furthering the religious works of your institute, you have no option but to be a charity.
SO WHAT DOES THIS STRUCTURE LOOK LIKE?
Canon Law Civil Law
Superior
Insti
tute
You have the institute governed by the superior and their council, which operates in accordance with canon law and the constitutions of the institute.
You also have the charity, which is governed by the charity trustees and has to operate in accordance with civil law. The members of the institute are not members of the charity.
Under canon law, the superior is the ultimate authority as far as the institute is concerned and the institute governed by the superior and in accordance with their wishes. Under civil law, the charity is governed by the trustees and it is the trustees who must decide how it operates. Sometimes the interests of the charity and the interests of the institute will differ and, on these occasions, tensions can arise.
Chapter 1 7
Charity Trustees
Council
Charity
Members
Assets