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Chris The Lawyer
Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 23076
Experience:  38 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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My company has a charitable trust and we want to ask the

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My company has a charitable trust and we want to ask the current board to stand down is there a formal document that we can use for this pupose
JA: Since estate law varies from place to place, can you tell me what state this is in?
Customer: I'm in NZ
JA: Has anything been filed or reported?
Customer: No I have a special purpose financial report
JA: Anything else you want the lawyer to know before I connect you?
Customer: No I don't think so there are currently 3 board members and definitely know that 2 want to retire

Hi

I am a New Zealand lawyer based in Wellington and will help you with your question today

A charitable trust will usually have a deed which sets out the requirements for trustees to retire and be replaced. You would typically hold a meeting of the trust board where trustees present a letter of retirement, and where new Trustees are appointed. The deed will say how Trustees are appointed (or hopefully says so, if it is competently drafted) and so you should follow the procedure. The trust board would then record in its minutes that new trustees have been appointed, and the old trustees have retired. This is then sent to the Registrar of Incorporated Societies who looks after charitable trusts, and the details of the new Trustees are recorded. There isn't any standard form used or required. A letter from the trust board with a copy of the minutes should be sufficient

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