Victorian Consolidated Legislation

Lutheran Church of Australia Victorian District Incorporation Act 1971 - SECT 7

Trust property

7. Trust property



(1) Where at any time after the coming into operation of this Act any person
or persons holds or held any property in trust for or on behalf of the
congregation such person or persons may, with the consent of, or shall, at the
direction of, the majority of the members of such congregation present in
person or by proxy at a meeting duly convened for the purpose and with the
approval of the Church convey assign or transfer such property to the Church
subject to the trusts upon which the same is held and the conveyance
assignment or transfer when completed and accepted by the Church shall from
and after the date thereof operate as a discharge of all the trustees from the
duties of the trust.

(2) A minute of resolution contained in the minutes of the meeting and signed
by the Chairman thereof shall be conclusive proof for all purposes that such
meeting was duly convened and that such resolution was duly passed thereat by
the requisite majority.

(3) If any person or persons in whom the property is for the time being vested
refuses or refuse or for a period of one calendar month after being directed
by a majority of the voting members of the congregation present and voting at
a duly constituted meeting of the congregation as hereinbefore provided fails
or fail to execute and deliver such conveyance assignment or transfer to
the Church or if there is or are no such person or persons or if such person
or persons is or are dead or absent from Victoria or are unable to be found
then and in any such events the President may execute such conveyance
assignment or transfer in lieu of such person or persons.

(4) The execution by the President of an instrument of conveyance assignment
or transfer pursuant to the powers conferred by sub-section (3) shall be as
valid and effectual for all purposes as if the same had been executed by the
person or persons refusing or failing to execute and deliver such conveyance
or transfer or being dead or absent from Victoria or unable to be found as
aforesaid; and the mere fact of execution by the President shall be conclusive
proof for all purposes that all matters and conditions preliminary to such
execution by him as required by this section have duly occurred or have been
duly complied with.