The Regulator for Charities in England and Wales


OPERATIONAL GUIDANCE

TRUSTEE ACT 2000

THE EFFECT OF GOVERNING DOCUMENT PROVISIONS ON THE GENERAL POWER OF INVESTMENT

OG 86 C1 - 24 October 2001


Purpose: The table below shows how provisions within governing documents can effect the general power of investment contained within the Act.

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GD Silent

GD has provisions linking trustees' investment powers generally available under the law as it stands

GD has an express provision of some sort

Examples

Has no provisions at all about trustee investment powers

Gives trustees "investment powers from time to time described by law" or similar words

Gives trustees "investment powers of the TIA 1961" or similar words

Gives trustees power to invest in shares quoted on stock exchanges of specified non EU countries

Gives trustees power to invest in shares without the TIA capitalisation or dividend history requirements

Gives power to invest in TIA securities without the need to divide into narrower/wider range, or provides a form of division which is different from the statutory form

Limits trustees to investing "during the lifetime of the settlor only in the shares of X plc except with the consent of the settlors"

Prohibits trustees from investing in "shares in companies concerned in the manufacture or sale of alcohol or tobacco products"

GD dated before 3.8.61

Trustees have new general power of investment

Trustees have new general power of investment

Trustees have new general power of investment

Trustees have new general power of investment

Trustees have new general power of investment

Trustees have new general power of investment

Trustees have new general power of investment

Trustees have new general power of investment

GD dated after 2.8.61

Trustees have new general power of investment

Trustees have new general power of investment

Trustees have new general power of investment

Trustees have new general power of investment

Trustees have new general power of investment

Trustees have new general power of investment

Limitation continues to apply - new general power of investment is available only where the settlor consents

Trustees have new general power of investment subject to the existing limitation

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