Welcome To The Learning & Behaviour Charitable Trust NZ
Deed Of Trust
Deed of Trust
of
Learning and Behaviour Charitable Trust N.Z.
Moira Buchanan
(the Settlor)
and
Moira Buchanan, John Sulzberger
(the Trustees)
Deed of Trust made this 6th day of October 1999
Between | Moira Buchanan of Lower Hutt, Sales & Administrator (the Settlor). |
And | Moira Buchanan of Lower Hutt, Sales & Administrator, |
And whereas | The Trustees desire to establish a Charitable Trust to be known as "Learning and Behaviour Charitable Trust NZ", as set out in this Deed. |
And whereas | The Settlor has paid an amount of $20.00 to the Trustees of the Trust. The Trust Fund comprises that sum together with any other property held or acquired by the Trust or the Trustees is hereinafter called "Trust property". |
And whereas | It is proposed that the Trust should be incorporated under the Charitable Trusts Act 1957. |
Now this Deed Deed Witnessed:
The Settlor does hereby give and settle upon the Trust and the Trustees the Trust property.
The Trust property shall be held by the Trust and the Trustees as to capital and income for the following purposes:
General Purpose
To promote the education and support to families of children with Specific Learning Difficulties throughout New Zealand.Particular Purposes
Refer to the Constitution for the Trust, in this we pledge as attached.
Powers of Trustees
The Trustees shall have the following powers:
- The Trustees shall have power to invest as if they were the absolute owners of the Trust property and not trustees thereof;
- To deal with the Trust property or any part thereof or any interest therein as fully as if they were absolute owners, including sale, exchange, partition, leasing and acceptance of surrender of leases;
- To borrow money with or without security on such terms and conditions as the Trustees think fit;
- To pay expenses and outgoings;
- To appoint or engage or employ any person or company for any period and on terms and conditions that the Trustees see fit;
- To reimburse to a Trustee expenses incurred as a Trustee; and
- To do such other lawful acts and things as are incidental to or conductive to the attainment of or for general purposes of the Trust.
Powers of Trustees to Delegate
The Trustees may from time to time delegate on such terms and conditions, any of its power and duties to a Management Board, and that Management Board may exercise or perform the delegated powers or duties in like manner and with the same effect as the Trustees could themselves have exercised or performed them.
Every such delegation is revocable at will by the Trustees, and no delegation shall prevent the exercise of any power or the performance of any duty by the Trustees.
Appointment of Trustees
The power to appoint new Trustees shall vest in the remaining Trustees or Trustee but shall be exercised only after reasonable notice has been given to the Settlor and account has been taken of the opinion expressed by the Settlor. In the event that there is no remaining Trustee, the Settlor may appoint new Trustees.
Number of Trustees
The number of Trustees shall not be less than three (3).
Chairperson of Trustees
The Trustees shall elect one (1) of their number to be the Chairperson of Trustees. In the event of an equality of votes of Trustees, the Chairperson shall, in addition to a deliberative vote, have a casting vote.
Liability of Trustees Limited
No Trustee shall be liable for any loss not attributable:
- To the dishonesty of the Trustee, and/or
- To the wilful commission by the Trustee of an act known by the Trustee to be a breach of Trust.
Interests of Trustees
A Trustee shall be entitled to act and exercise all powers conferred on them notwithstanding that the Trustee is or maybe interested or associated personally or a directors or as trustees of any other trust or otherwise so as to give rise to a conflict of interest with the duty as a Trustee of the Trust.
Meetings of Trustees
The Trustees shall by resolution from time to time prescribe the method of the meetings of Trustees and any notice of such meetings.
Voting of Trustees
If at any time the Trustees are not unanimous, the matter may be decided by a majority decision and the majority decision shall be carried into effect by the Trustees. If the Trustees are evenly divided the matter shall be referred to the executive of the Settlor.
Minutes
Minutes of the proceedings of all meetings of the Trustees shall be recorded in a book to be kept for the purpose and shall be signed by the Chairperson of the meeting at which the minutes are read and confirmed. Every such minute purporting to be so signed shall be prima facie evidence of the facts therein stated.
Officers
The Trustees may from time to time appoint a secretary, treasurer or other officer to hold office at the pleasure of the Trustees. A Trustee may be appointed to such a position.
Application of Income and Capital
All money received or collected by and on behalf of the Trust and all income of the property of the Trust shall be applied solely to promote the objectives of the Trust, and to meet expenses properly incurred in collecting such money and in otherwise administering the Trust.
No portion of the funds of the Trust shall be paid or transferred directly or indirectly by way of divided bonus or otherwise by way of profit to the Trustees, but the Trustees and their employees and agents shall be entitled to remuneration and payment of reimbursing allowances for reasonable and actual expenses in carrying out their functions under the Trust Deed.
Bank Account
The Trustees shall keep an account or accounts at such bank or banks as they shall from time to time determine and cheques shall be drawn signed and endorsed by such person or persons as the Trustees shall from time to time direct.
Accounts and Audit
The Trustees shall cause true accounts to be kept in such manner as they think fit of all their receipts, credits, payments and liabilities and all other matters necessary for showing the true state and condition of the Trust and such accounts shall be audited at least once (1) a year by a person appointed by and on behalf of the Trustees.
Common Seal
Upon incorporation the Trustees shall obtain a Common Seal for the Trust. The Common Seal shall be held by the Trustees and shall be affixed by the authority of the Trustees previously given at a meeting of the Trustees, to any document requiring execution by the Trustees. Every such affixing shall be performed in the presence of and accompanied by the signatures of two (2) Trustees and shall be sufficient evidence of the authority to affix such Seal and no person dealing with the Trustees shall be bound or concerned to see or inquire as to the authority under which any document is sealed and in whose presence.
Amendment or Change to Trust Deed
It shall be lawful for this Trust Deed to be amended or changed by:
- The unanimous resolution of the Trustees; and
- The written consent of the Settlor and the amendment shall be recorded in an amending Trust Deed signed by all the Trustees and/or with the Settlor.
No such alteration to the Trust Deed shall be made if its effect is to change the Charitable purpose set forth herein or to change in any manner the Charitable nature of the Trust Deed.
Winding Up- The Trust may be wound up by application to the High Court of New Zealand if at any meeting called for that purpose a resolution requiring the Trust to be wound up is passed by a majority of not less the three quarters of the members entitled under these rules to vote personally or represented by a proxy at such a meeting.
- If upon the winding up of the Trust there remains after the satisfaction of all its debts and liabilities any property whatever the same shall not be paid or distributed among the Trustees of the Trust. Instead all surplus assets, and liabilities shall be paid or disposed of, to or for the benefit of such Charitable organisation or such Charitable purpose within New Zealand, as the Trustees determine prior to winding up. This subject to the provisions of section 27 of the Charitable Trusts Act 1957, which provides that on dissolution the surplus assets shall disposed of as the High Court of New Zealand directs. Upon winding up the Trustees will if necessary apply to the High Court for directions to dispose of its surplus assets in accordance with this clause.
LEARNING AND BEHAVIOUR CHARITABLE TRUST NZ
MUST BE SIGNED BY THE TRUSTEES AND WITNESSED BY
| SIGNED by the said | WITNESS |
| MORIA BUCHANAN as Trustee | ADDRESS |
| LBCTNZ in the presence of | OCCUPATION |
| DATE | 29 June 1999 |
| SIGNED by the said | WITNESS |
| JOHN SULZBERGER as Trustee | ADDRESS |
| LBCTNZ in the presence of | OCCUPATION |
| DATE | 10 July 1999 |