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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 31300
Experience:  Over 5 years in practice
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I am chairman of a local village hall management committee.

Customer Question


I am chairman of a local village hall management committee. I have been reviewing the deeds to the property (I have a legal background so I do understand deeds and legal documents) and came across a clause which states that:-

"The foundation shall (except as in this deed provided) be administered in conformity with the provisions of this Deed UNDER THE TITLE OF THE SALINGS VILLAGE HALL by the Committee hereinbefore constituted who shall be the administering trustees thereof".

I have used capital letters for the relevant part of the clause that I wish to discuss. The hall was built in 2000 and, for some reason unknown to me, the trustees at the time gave it the name of The Salings Millennium Village Hall, and the committee runs under the same name. All our affairs are run under this name, including our bank accounts, employment issues, our registration with the Charity Commission - everything.

So it appears that we have been running under the wrong name for the last 15 years (by the way, I cannot find anything else in any of the deeds that refers to the name we should use, or any provision for using a different name). In practical terms this does not affect our day to day business, nor has anyone questioned this before.

So, my questions are:-

1. As we appear to be in breach of this clause, must we change our name, bank accounts etc, to that stated in the clause quoted above (which will cause a great deal of difficulty and disruption), or

2. Can we have a deed or codicil drawn up stating that the hall is run under the name it currently uses, or is there some other way of getting round this?

I look forward to your reply - I must report back to my committee by Monday 20th July so if you can get back to me before then it would be much appreciated.



Submitted: 1 year ago.
Category: Law
Expert:  Nicola-mod replied 1 year ago.
I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.
I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
Thank you!
Customer: replied 1 year ago.

Very disappointed, even I know most of the answer to this and I was only a legal secretary. Please cancel the question if this is going to take any longer.

I only wanted a basic answer and even though I marked it as low priority I cannot believe that someone couldnt have taken 10 minutes to look at the question, let alone give me an answer.

I guess I only really wanted to know if we could do some other kind of deed (deed of rectification perhaps?) that would allow us to continue with the name we had instead of having to change everything else.

Very disappointed indeed. I used to recommend your service, but not any more.

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