Agenda item

To submit a report by the Secretary in relation to the above.

Submitted – a report by the Secretary in relation to options for the Charitable Incorporated Organisation (CIO) which the Isle of Anglesey Charitable Trust decided should be formed at its meeting on 13 September, 2016.

A presentation was afforded to the Charitable Trust by representatives from Browne Jacobson on specific details, options and legal advice with regard to forming a CIO.  The Trust deliberated the Model Constitution for a Foundation or an Association CIO.

It was RESOLVED :-

·       That the Isle of Anglesey Charitable Trust shall form an Association Charitable Incorporated Organisation (CIO) and to convert to that CIO with all necessary actions to be taken to implement that decision;

·       That the Isle of Anglesey Charitable Trust adopt the following recommendations in establishing an Association Incorporated Organisation :-

·       That the an Association CIO shall, initially, comprise of Members and Directors who shall be the same people and all of whom shall be elected members of the Isle of Anglesey County Council (‘Elected Members’);

·       The name of the Trust will be bilingual (with the Welsh name to be given first) and the English name to read ‘the Isle of Anglesey Charitable Association’;

·       The charitable objectives of the new Charitable Trust Association will remain as at present;

·    There will be no liabilities on members of the Charitable Trust Association if the Association was to cease;

·       The Charitable Trust Association shall have one category of members but with power to extend the membership to ‘non-voting friends’ at some point in the future;

·       Quorum for meetings of the membership of the Charitable Trust Association to be 5% of the membership;

·       The Chair of members’ meeting of the Charitable Trust Association to have a casting vote in the case of an equality of votes in members’ meetings;

·       The minimum age for a trustee shall be 16 years of age;

·       The minimum number of trustees shall be 3;

·       That there be no maximum number of trustees;

·       All Trustees at the establishment of the Charitable Trust Association to be Elected Members;

·       That there be 2 Independent Trustees;

·       That a quorum for meetings of the Trustees shall be 5;

·       That, insofar as the law shall allow, the Trustees shall be elected members representing the Isle of Anglesey electoral wards;

·       New Trustees shall be appointed by the existing Trustees;

·       The terms of office of Trustees to be the same as the terms of office of the Elected Members;

·       The Independent Trustees shall have a term of office of 3 years and may serve any number of terms provided they shall serve no more than 2 terms of office consecutively;

·       Members of the Charitable Trust Association to be given authority to remove a Trustee;

·       The Chair of the meeting of Directors of the Charitable Trust Association shall have a casting vote on an equality of votes in any meeting of the Directors. 

·       That the delegated authority be given to the Trust Secretary with regard to all other rights powers and decision making functions on behalf of the Isle of Anglesey Charitable Trust in order to ensure transition to the Association CIO – to include any decision on an ancillary or incidental matter on behalf of the Isle of Anglesey Charitable Trust.  The Trust Secretary may consult with the members of the established Panel comprising of elected members and also, with such Officers as the Secretary may choose before exercising any such rights, powers or functions.