Application for approval of scheme to vary charitable trust
5 Application for approval of scheme to vary charitable trust
An application for the approval of a scheme under section 7(2)(b) of the Act is to – state the terms and conditions of the trust to which it relates; and state the facts and circumstances specified in section 5 of the Act which would justify variation of the purposes of the trust; and state – the name and address of the trustees of the trust property at the time at which the application is made; and the full details of the trust property, including its location, at the time at which the application is made.
An application referred to in subregulation (1) is to – be accompanied by copies of the document creating the trust and of any variation to the trust, unless those documents are unavailable; and if the application is based on failure of the original purposes of the trust, be endorsed with a consent to the variation by any person who has, or may acquire, a claim to any of the trust property; and be accompanied by a draft scheme for the purposes of Part 2 of the Act; and be accompanied by evidence, satisfactory to the Attorney-General, of the value of each item of the trust property.
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