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EXERCISE OF TRUSTEE FUNCTIONS BY ATTORNEY
- The donee of a power of attorney is not prevented from doing an act in relation to- (a) land, (b) capital proceeds of a conveyance of land, or (c) income from land, by reason only that the act involves the exercise of a trustee function of the donor if, at the time when the act is done, the donor has a beneficial interest in the land, proceeds or income. (2) In this section- (a) "conveyance" has the same meaning as in the Law of Property Act 1925, and (b) references to a trustee function of the donor are to a function which the donor has as trustee (either alone or jointly with any other person or persons). (3) Subsection (1) above- (a) applies only if and so far as a contrary intention is not expressed in the instrument creating the power of attorney, and (b) has effect subject to the terms of that instrument. (4) The donor of the power of attorney- (a) is liable for the acts or defaults of the donee in exercising any function by virtue of subsection (1) above in the same manner as if they were acts or defaults of the donor, but (b) is not liable by reason only that a function is exercised by the donee by virtue of that subsection.
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APPOINTMENT OF ADDITIONAL TRUSTEE BY ATTORNEY
- In section 36 of the Trustee Act 1925 (appointment of trustees), after subsection (6) (additional trustees) insert- "(6A) A person who is either- (a) both a trustee and attorney for the other trustee (if one other), or for both of the other trustees (if two others), under a registered power; or (b) attorney under a registered power for the trustee (if one) or for both or each of the trustees (if two or three), may, if subsection (6B) of this section is satisfied in relation to him, make an appointment under subsection (6)(b) of this section on behalf of the trustee or trustees. (6B) This subsection is satisfied in relation to an attorney under a registered power for one or more trustees if (as attorney under the power)- (a) he intends to exercise any function of the trustee or trustees by virtue of section 1(1) of the Trustee Delegation Act 1999; or (b) he intends to exercise any function of the trustee or trustees in relation to any land, capital proceeds of a conveyance of land or income from land by virtue of its delegation to him under section 25 of this Act or the instrument (if any) creating the trust. (6C) In subsections (6A) and (6B) of this section "registered power" means a power of attorney created by an instrument which is for the time being registered under section 6 of the Enduring Powers of Attorney Act 1985.
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ONLINE UK NON-PROFIT COMPANY FORMATION:
- A company comes into being when it is registered at Companies House. To register, you need to submit: signed, witnessed and dated Memorandum and Articles of Association. A Form giving details of the people who will be the first directors and company secretary and signed by them to show they have agreed to this. A Form which is a sworn statement by a director or the secretary that the company has been formed for a lawful purpose, the paperwork is in order, and those who have signed to become the directors are aged 18 or over and are not barred by law from being directors. If the company does not want to have the word 'limited' in its official registered name, a third Form which is a sworn statement by a director or secretary that the company qualifies as a charity. Only charitable companies are permitted to drop the word 'limited' from their names. A company limited by guarantee is an alternative type of incorporation used primarily for non-profit organisations that require corporate status. We prepare and electronically submit new UK guarantee company registrations (formations) as soon as we receive your instructions. To form a guarantee company we need certain information as set out in the online order form. Incorporations can be completed within 24 hours.
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