Restitution Discussion Group Archives
| Sender: |
Charles Mitchell |
| Date: |
Thu, 14 Dec 2000 15:45:20 |
| Re: |
Removal from charity register |
The English
Charity Commission has released a document setting out its views on the
status of property held by a registered charity which is then removed from
the register of charities for one reason or another: RR6 - Maintenance of
an Accurate Register of Charities, available at:
http://www.charity-commission.gov.uk
In Annex C, para C6, the Commissioners observe that:
It is possible that, for example, the Inland Revenue
will, in certain circumstances, have and wish to enforce statutory and/or
restitutionary claims against the institution for the recovery of reliefs
which it has obtained on the basis of a mistaken understanding that it
was a charity. Donors may also have restitutionary claims in respect of
gifts which they have made on the basis of a similar misunderstanding.
But these are matters on which the Commission cannot offer detailed advice:
the premise is that the property of the institution is not held for charitable
purposes.
___________________________________________ tel: 020 7848 2290
Dr Charles Mitchell
Lecturer in Law
School of Law
King's College London
Strand
LONDON WC2R 2LS
fax: 020 7848 2465
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