CHARITABLE TRUSTS ACT 1993 - SECT 8 Provisions relating to removal of trustees etc

CHARITABLE TRUSTS ACT 1993 - SECT 8

8 Provisions relating to removal of trustees etc

Without limiting the powers of the Court, the Court may, under section 7, remove a trustee of a charitable trust:

(a) if the trustee has been responsible for or participated in misconduct or mismanagement in the administration of the charitable trust or has by the trustee's conduct contributed to it or facilitated it, or

(b) if the trustee has been convicted, whether in New South Wales or elsewhere, of any offence involving fraud or dishonesty, or

(c) if the trustee has become mentally incapacitated, or

(d) if the trustee has become bankrupt, has applied to take the benefit of any law for the relief of bankrupt or insolvent debtors, has compounded with his or her creditors or has made an assignment of his or her remuneration for their benefit, or

(e) if the trustee is a corporation:

(i) which is in the course of being wound up, or

(ii) which is under official management, or

(iii) in respect of which a receiver or manager has been appointed, whether by the Court or pursuant to the powers contained in any instrument or otherwise, or

(iv) which has entered into a compromise or scheme of arrangement with its creditors, or

(v) in respect of which a writ of execution or other process has been issued on a judgment, decree or order of any court in favour of a creditor of the corporation and has been returned unsatisfied in whole or in part.