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Charities Act 2011

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This is the original version (as it was originally enacted).

333Conferral of authority to execute documents

(1)Charity trustees may, subject to the trusts of the charity, confer on any two or more of their body—

(a)a general authority, or

(b)an authority limited in such manner as the charity trustees think fit,

to execute in the names and on behalf of the charity trustees documents for giving effect to transactions to which the charity trustees are a party.

(2)Any document executed in pursuance of an authority under subsection (1) is of the same effect as if executed by the whole body.

(3)An authority under subsection (1)—

(a)suffices for any document if it is given in writing or by resolution of a meeting of the charity trustees, despite the want of any formality that would be required in giving an authority apart from that subsection;

(b)may be given so as to make the powers conferred exercisable by any of the charity trustees, or may be restricted to named persons or in any other way;

(c)subject to any such restriction, and until it is revoked, has effect, despite any change in the charity trustees, as a continuing authority given by the charity trustees from time to time of the charity and exercisable by such charity trustees.

(4)In any authority under this section to execute a document in the names and on behalf of charity trustees there is, unless the contrary intention appears, implied authority also to execute it for them in the name and on behalf of the official custodian or of any other person, in any case in which the charity trustees could do so.

(5)Where a document purports to be executed in pursuance of this section, then in favour of a person who (then or afterwards) in good faith acquires for money or money’s worth—

(a)an interest in or charge on property, or

(b)the benefit of any covenant or agreement expressed to be entered into by the charity trustees,

it is conclusively presumed to have been duly executed by virtue of this section.

(6)The powers conferred by this section are in addition to and not in derogation of any other powers.

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