Book contents
- Charity Law and Accumulation
- Charity Law and Accumulation
- Copyright page
- Contents
- Acknowledgements
- Table of Cases
- Table of Statutes
- List of Acronyms, Abbreviations and Frequently Cited Works
- Part I Charities and Accumulation Delineated
- Part II Charities and Accumulation Delimited
- 3 Legal Restraints on Accumulation Applicable On Creation
- 4 Operational Restraints on Accumulation
- 5 Operational Restraints on Accumulation
- 6 Operational Restraints on Accumulation
- Part III Charities and Accumulation Reformed
- Index
5 - Operational Restraints on Accumulation
Alternative Control Mechanisms
from Part II - Charities and Accumulation Delimited
Published online by Cambridge University Press: 23 July 2021
- Charity Law and Accumulation
- Charity Law and Accumulation
- Copyright page
- Contents
- Acknowledgements
- Table of Cases
- Table of Statutes
- List of Acronyms, Abbreviations and Frequently Cited Works
- Part I Charities and Accumulation Delineated
- Part II Charities and Accumulation Delimited
- 3 Legal Restraints on Accumulation Applicable On Creation
- 4 Operational Restraints on Accumulation
- 5 Operational Restraints on Accumulation
- 6 Operational Restraints on Accumulation
- Part III Charities and Accumulation Reformed
- Index
Summary
This chapter examines a range of alternative mechanisms arising from a charity’s legal form or status as a charity that potentially restrain a charity’s accumulation activities. Key amongst them are administrative (or deviation) schemes and cy-près schemes, which enable modification of the administrative machinery or charitable purpose of charities. As these mechanisms permit the rate of accumulation to be directly altered or accumulated assets to be distributed, they are explored under the sub-heading ‘directly controlling accumulation’. External administration, including winding-up or replacement of charity controllers, is a fairly drastic and indirect method of controlling accumulation that is separately considered, as well as member action in controlling accumulation. Examples are drawn primarily from the United States and Australia, but with material discussion of the United Kingdom, Canada and New Zealand also.
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- Charity Law and AccumulationMaintaining an Intergenerational Balance, pp. 128 - 159Publisher: Cambridge University PressPrint publication year: 2021