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UKSolicitorJA, Solicitor
Category: Law
Satisfied Customers: 4312
Experience:  English solicitor with over 12 years experience
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My school is a member of a Trust and I am attempting to have

Customer Question

My school is a member of a Trust and I am attempting to have access to minutes and papers relating to Trust Director meetings to determine how a certain decision was agreed by the Board Am I entitled to view minutes and papers as a member?
Also, a large financial commitment (approx 30% of the revenue fund) was made by the Trustee Directors, without notifying or consulting members (there are only 40!). Again, I have asked for a detailed breakdown of this expenditure as revenue accounts are held 'outside' the Trust and have not been reported to members.
Could you please advise on the rights of members of a trust in relation to the decisions taken by Trustee Directors? The answers I receive are 'that the Trustee Directors are solely responsible for making decisions and are not prepared to share their reasons with members' - is this right or can a 'member' question their reasons?
Submitted: 3 years ago.
Category: Law
Expert:  UKSolicitorJA replied 3 years ago.


Do you have a copy of the Trust document or rules? if so, please upload here.

Customer: replied 3 years ago.

The Trust operates under Memorandum and Articles, which I attach.

Attachment: 2014-03-15_194610_memorandum_and_articles_of_association.pdf

Expert:  UKSolicitorJA replied 3 years ago.
Thank you.Pursuant to Article 15.4, members are entitled to request the Trust's latest available statement of account at any time.Trust Directors are also obliged to keep proper records of meetings etc under Article 15.2. However, there is no obligation in the Articles on them to release these records to members although members may call a general meeting and raise queries regarding decisions etc taken by directors. The articles may be amended to state that directors are obliged to supply these records upon request by members although this will require a special resolution of the members. Directors also have various statutory duties which are summarised should try and get as many other members on your side to put pressure on the directors to be more open and accountable regarding decisions they make as from what you have stated, it seems there are genuine concerns about the way the directors are acting and behaving.Hope this helps

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