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GENUKI Trust Deed


GENUKI Trust Deed


the 7th day of February 2001 by

Brian Randell of 26 Osbaldeston Gardens, Newcastle upon Tyne, NE3 4JE.

Philip Thomas Stringer of 40 Broomfields, Denton, Manchester M34 3TH.

Malcolm David Austen of 11 Corn Avill Close, Abingdon, Oxon OX14 2ND

("the first trustees" who together with the future trustees or trustee of this deed are referred to as "the trustees")

        WHEREAS the first trustees hold £10 on the trusts declared in this deed and it is contemplated that further money or assets may be paid or transferred to the trustees upon the same trusts.
  A     Administration
        The charitable trust constituted by this deed ("the Charity") and its property ("the trust fund") shall be administered and managed by the trustees under the name of GENUKI or by such other name as the trustees from time to time decide with the approval of the Charity Commission for England and Wales ("the Commission").
  B     Objects.
        The trustees shall hold the trust fund and its income upon trust to apply them for the following objects:
    1   To promote and encourage the public study of genealogy, local history, family history and community history with particular reference to persons living in or associated with the United Kingdom, Ireland, the Channel Islands and the Isle of Man
    2   To make information for or about genealogy, local history, family history and community history available to the public using Internet and other means of electronic diffusion
  C     Powers
    1   To raise funds and invite and receive contributions: Provided that in raising funds the trustees shall not undertake any substantial permanent trading activity and shall conform to any relevant statutory regulations;
    2   to buy, take on lease or in exchange, hire or otherwise acquire any property necessary for the achievement of the objects and to maintain and equip it for use;
    3   subject to any consents required by law to sell, lease or otherwise dispose of all or any part of the property comprised in the trust fund;
    4   subject to any consents required by law, to borrow money and to charge the whole or any part of the trust fund with repayment of the money so borrowed;
    5   to co-operate with other charities, voluntary bodies and statutory authorities operating in furtherance of the objects or of similar charitable purposes and to exchange information and advice with them;
    6   to establish or support any charitable trusts, associations or institutions formed for the objects or any of them;
    7   to appoint and constitute such advisory committees as the trustees may think fit
    8   to employ such staff (who shall not be trustees) as are necessary for the proper pursuit of the objects and to make all reasonable and necessary provision for the payment of pensions and superannuation to staff and their dependents;
    9   to permit any investments comprised in the trust fund to be held in the name of any clearing bank, any trust corporation or any stockbroking company which is a member of the Stock Exchange (or any subsidiary of such a stockbroking company) or any incorporated registered charity as a nominee for the trustees and to pay any such nominee reasonable and proper remuneration for acting as such;
    10   to delegate to any one or more of the trustees the transaction of any business or the performance of any act required to be transacted or performed in the execution of the trusts of the Charity and which is within the professional or business competence of such trustee or trustees; Provided that the trustees shall exercise reasonable supervision over any trustee or trustees acting on their behalf under this provision and shall ensure that all their acts and proceedings are fully and promptly reported to them;
    11   to do all such other lawful things as are necessary for the achievement of the objects.
  D     Appointment of trustees
    1   There shall be at least three trustees. Every future trustee shall be appointed by a resolution of the trustees passed by a vote in accordance with clause I, such appointment not to take effect until it is confirmed by a deed executed by two trustees
    2   In selecting persons to be appointed as trustees, the trustees shall take into account the benefits of appointing a person able by virtue of his or her expertise to make a contribution to the pursuit of the objects or the management of the Charity.
    3   When any new trustee is appointed the trustees shall ensure that all property of the Charity which is not vested or about to be vested in a holding trustee or a nominee is effectively vested in the persons who are the trustees following such appointment.
    4   If for any reason trustees cannot be appointed in accordance with the foregoing positions the statutory power of appointing new or additional trustees shall be exercisable.
  E     Eligibility for trusteeship
    1   No person shall be appointed as a trustee:
      a if they are under the age of 18 years
      b in circumstances such that, had he or she already been a trustee, he or she would have been disqualified from office under the provisions of clause F
    2   No person shall be entitled to act as a trustee whether on a first or any subsequent entry into office until after signing a declaration of acceptance and willingness to act in the trusts of the Charity, and until such declaration has been added to the minute book of the trustees.
  F     Determination of trusteeship
        A trustee shall cease to hold office if he or she:
    1   is disqualified from acting as a trustee by virtue of section 72 of the Charities Act 1993 (or any statutory re-enactment or modification of that provision);
    2   becomes incapable by reason of mental disorder, illness or injury of managing and administering his or her own affairs;
    3   does not participate without the permission of the trustees for a period of six months in discussion and meetings of trustees held by electronic communication and the trustees resolve that his or her office be vacated; or
    4   notifies to the trustees a wish to resign (but only if at least two trustees will remain in office when the notice of resignation is to take effect).
  G     Vacancies
        If a vacancy occurs all trustees are to be informed by electronic communication and the fact is to be noted in the minutes. Any eligible trustee may be re-appointed. So long as there shall be fewer than two trustees none of the powers or discretions hereby or by law vested in the trustees shall be exercisable except for the purpose of appointing a new trustee or trustees.
  H     Conduct of business
        The trustees may conduct the business of the Charity by telephone, fax, internet and other electronic communication, or by the circulation of papers. The trustees shall establish regulations for the conduct of their business and make these regulations available to any interested person.
  I     Voting
        Every matter shall be determined by a majority of votes of the trustees who are available by any means of electronic communication. Any trustee may call for a vote on any matter upon not less than 7 days notice. The chairman of the trustees or the vice-chairman of the trustees if the chairman is not available for electronic discussion shall have a casting vote whether he or she has or has not voted previously on the same question but no trustee in any other circumstances shall give more than one vote.
  J     Chairman
        The Trustees at their first electronic discussion in any year shall elect one of their number to be chairman of the trustees and another to be vice-chairman until the commencement of the first electronic discussion in the following year. The chairman and vice-chairman shall always be eligible for re-election.
  K     Special meetings
        A special meeting is one at which trustees meet in person. The quorum at a special meeting is two trustees. The only business allowable at a special meeting is that required to give legal or formal effect to matters already agreed by electronic discussion. A special meeting may be called by any trustee by agreement with any other trustee; no notice is required.
  L     Minutes
        The trustees shall keep minutes of the conduct of their business. The minutes of electronic discussions and decisions can be kept in electronic form, in such a way that any trustee can consult them by remote electronic means.
  M     Accounts
        The trustees shall comply with their obligations under the Charities Act 1993 (or any statutory re-enactment or modification of that Act) with regard to:
    1   the keeping of accounting records for the Charity;
    2   the preparation of annual statements of account for the Charity;
    3   the auditing or independent examination of the statements of account of the Charity; and
    4   the transmission of the statements of account of the Charity to the Commissioners
  N     Annual report
        The trustees shall comply with their obligations under the Charities Act 1992 (or any statutory re-enactment or modification of that Act) with regard to the preparation of an annual report and its transmission to the Commissioners
  O     Annual Return
        The trustees shall comply with their obligations under the Charities Act 1993 (or any statutory re-enactment or modification of that Act) with regard to the preparation of an annual return and its transmission to the Commissioners
  P     General Power to make regulations
        Within the limits of this deed the trustees shall have full power from time to time to make regulations for the management of the Charity and for the conduct of their business, including the calling of meetings, the deposit of money at a bank and the custody of documents.
  Q     Bank account
        Any bank account in which any part of the trust fund is deposited shall be operated by the trustees and shall be held in the name of the Charity. All cheques and orders for the payment of money from such account shall be signed by at least two trustees.
  R     Trustees not to be personally interested
        No trustee shall acquire any interest in property belonging to the Charity (otherwise than as a trustee for the Charity) or receive renumeration or be interested (otherwise than as a trustee) in any contract entered into by the trustees.
  S     Holding trustees
        The trustees may appoint not less than three persons (and not more than four persons) to be be holding trustees for the Charity to hold any property owned by it or held or to be held in trust for the Charity. A holding trustee can be appointed or removed by a resolution of the trustees of the Charity passed by a vote in accordance with clause I, such appointment or removal not to take effect until it is confirmed by a deed executed by two trustees.
  T     Consultation
        The trustees shall consult other persons contributing to the information provided by the Charity to the public ("the maintainers") before making changes to the methods to be employed and the standards to be adopted in the provision of information. This consultation with those responsible for the day-to-day management of the Charity's information resources is to be held by electronic discussion.
  U     Amendment of Trust Deed
    1   The trustees may amend the provisions of this deed, provided that:
      a no amendment may be made to clause B (the objects clause) unless it appears to the trustees that the objects can no longer provide a suitable and effective method of using the trust fund;
      b no amendment may be made to clause B (the objects clause), clause R (trustees not to be personally interested clause) or this clause without the prior consent in writing of the Commissioners; and
      c no amendment may be made which has the effect of the charity ceasing to be a charity at law
    2   Any amendment shall be made under the authority of a resolution passed by voting in accordance with clause I and confirmed by a deed executed by two trustees
    3   The trustees should promptly send the Commissioners a copy of any amendment made under this clause.
        IN WITNESS whereof the parties hereto have hereunto set their respective hands the day and year first before written.

Trust deed prepared by David Hawgood and signed with witnesses by the first trustees.

David Hawgood, 26 Cloister Road, Acton, London W3 0DE.

phone 020 8993 2897

Note at June 2010: David Hawgood is no longer a Trustee of GENUKI
For current contact details for GENUKI please see GENUKI as an organisation