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Arunachalam M (Assistant Company Secretary)     12 April 2021

Resignation of founder trustee in a public charitable trust

Dear Experts,

I request to clarify the doubts pertaining to the Consequences in Resignation of Founder Trustee in a Public Charitable Trust.

I am one of the Trustee in a Registered Public Charitable Trust. In which there are some disputes with regard to Approval of Accounts between the Trustees.

Two of the existing Trustees are living in abroad & tendered their resignation, Now the Founder Trustee of the Registered Charitable Trust had also tendered his Resignation.

As per Articles of the Trust Deed "the Trust is Irrevocable."

My doubt is whether if the Founder Trustee resigns, should the Public Charitable Trust should have to merge with some other trust with same doing activity. Or what is the consequences to the other trustee's if founder trustee resignation is accepted in the Trust Board Meeting.

Should the Trust been dissolved or it cannot continue to be a part of trustee, and the Assets and deposits should have to be attached with some other trust?

I REQUEST THE EXPERTS TO KINDLY CLARIFY THE SAME AND SUGGEST HOW TO HANDLE THIS SITUATION DUE TO RESIGNATION OF FOUNDER TRUSTEE?

FYI. The Trust was registered in TAMILNADU with the O/o. the Sub Registrar, with the Registered Office of the Trust Jurisdiction concerned.

Thanks in Advance,

Arun M



Learning

 2 Replies

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108)     12 April 2021

1. IF the minimum prescribed strength of Trustee is less than that is recorded in the registered Trust Deed, THEN Trust shall be taken over by Registrar of Trusts, who will appoint his Nominee or give you opportunity to appoint more Trustees and regularize the operations.

2. Consequently IF any adverse or unavoidable conditions arise, the Registrar will liquidate the Trust, by following due procedures of law, relating to Trusts.  OR the matter can be adjudicated before the local Civil Court.

Keep Smiling .... Hemant Agarwal 
VISIT:  www.chshelpforum.com

Arunachalam M (Assistant Company Secretary)     13 April 2021

Dear Sir,

To be clear. there are 15 Trustees in the Trust, out of which, 2 were resigned already, Now the Founder Trustee is about to Tender his resignation, if it took place, what will be the consequence w.r.t. the resignation of Founder Trustee??

Regards,
Arun M


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