Elan Vital UK
Charitable Settlement




Some comments

EV (UK) is an entity in UK Law that has been created by the Elan Vital Foundation (EVF); EVF is the 'Settlor', a legal term for someone who creates a Trust.

The Trust Deed provides that the Settlor - EVF, has the power to remove and appoint Trustees of EV (UK), in this way EVF has a means to exercise control over EV (UK).

EV (UK) is a Charity Registered under the 1993 Charities Act and as such its Trustees hold all legal responsibility for its activities.

These arrangements are not unusual.

The Trust Deed is a recognised form to create a Charity in UK Law, it's recognised that the Settlor has an intention to give benefit to to the wider community at that therefore the Settlor will wish to protect that gift of benefit by defining how Trustees are appointed. Of course all of this is open to abuse which is why there is a body of case law and why the Charity Commission was set up.

After all most people involved in creating a Charity are doing so with the benefit of others in mind.

Important excerpts of the originals can be viewed here (278 Kb Pdf file).
© Crown copyright 2001 (Pdf files need Adobe® Acrobat® Reader installed on your computer to be viewed.)

Copies of the EV UK Charitable Settlement may be obtained from the UK Charity Commission. (http://www.charitycommission.gov.uk)

Wide excerpts of this document are reproduced below. © Crown copyright 2001


DATED 22 October 1991

ELAN VITAL

Settlor

Elan Vital Foundation

Trustees

Roland Peter Klepzig and Others

 

Ref : 133/39/E1213.1/3409i/vlb

 

S J Berwin & Co
236 Grays Inn Road
London WC1X 8HB
Telephone 071-278 0444
Telex 8814928 Winlaw G
Facsimile 071-833 2860
DX 255 London


THIS CHARITABLE SETTLEMENT is made the 22 day of October One thousand nine hundred and ninety-one between Elan Vital Foundation of Hirschmattstr 36, 6002 Luzern, Switzerland (hereinafter called "the Settlor") of the one part and the persons named in the Schedule hereto annexed (hereinafter called "the Original Trustees") of the other part

WHEREAS the Settlor is desirous of establishing a fund to be held upon trust for exclusively charitable purposes in manner hereinafter appearing and has on or prior to the execution hereof paid to the Original Trustees the sum of One Hundred Pounds (£100) to be held by the Original Trustees upon the trusts hereinafter declared

NOW THIS DEED WITNESSETH as follows:

1 Title

The Charity hereby established shall be called Elan Vital ("the Trust") and shall be governed and construed in accordance with the Law of England and Wales

2 Interpretation

For the purposes of this Deed the following expressions shall have the following meanings, that is to say

(a) "the Trustees" means the Original Trustees and the survivors or survivor of them or other the trustees or trustee for the time being of this Charity

(b) "the Trust Fund" means and includes:

(i) the said sum of One Hundred Pounds (£100); and

(ii) all cash investments and property paid to or transferred to and accepted by the Trustees as additions to the Trust Fund; and

(iii) the investments property and cash from time to time representing the said cash investments and the said additions to the Trust Fund or any part or parts thereof respectively

(c) "Charitable" has the meaning assigned thereto by the law for the time being in force in England and Wales

(d) "Charity" means any trust foundation company or other body whether corporate or otherwise wherever situate or incorporated which is established exclusively for purposes recognised as Charitable by the proper law of this Deed and the word "Charities" shall be construed accordingly and the receipt of the person who purports to be the Treasurer or other duly authorised office for such Charity shall afford a good receipt to the Trustees for any payment made under the provisions hereof

3 Trust to pay Expenses and Trust for Sale

THE Trustees shall stand possessed of the Trust Fund UPON TRUST to pay therefrom all the proper costs and expenses incurred by them in establishing and administering the Trust and the Trust Fund and subject thereto at their discretion to retain the same in its existing form of investment or to sell the same or any part or parts thereof and to invest or apply the net proceeds of any sale and any sum or sums of money paid to the Trustees and forming the whole or part of the Trust Fund in or upon any kind of investments or for any of the purposes hereinafter authorised with power at any time and from time to time to vary any such investments for others of any nature hereby authorised

4 Trust of Income and Capital

THE Trustees shall stand possessed of the Trust Fund and the income thereof including all dividends declared prior to and payable on or after the date hereof upon the trusts and with and subject to the powers and provisions hereinafter declared and contained concerning the same

5 Charitable Purposes

(1) THE Trustees shall hold the capital and income of the Trust Fund UPON TRUST to pay or apply the whole thereof at such times and in such manner and in such shares and proportions as the Trustees may from time to time determine to or towards or for the benefit or furtherance of the following Charitable purpose, that is to say to advance public education in the understanding and realisation of human potential through self-knowledge based upon the teachings of Prem Pal Singh Rawat k/a Maharaji (hereinafter referred to as "the Teaching")

(2) The Trust Fund shall be applicable both as to capital and income for the Charitable purpose mentioned in this Clause whether or not by means of the exercise of any of the particular powers conferred upon the Trustees by Clause 6 hereof PROVIDED THAT notwithstanding anything elsewhere in this Deed contained or implied no part of the Trust Fund or of the income thereof shall be paid or applied otherwise than for exclusively Charitable purposes

6 General Powers of Trustees

THE Trustees shall in furtherance of the Charitable purposes hereinbefore declared but not further or otherwise have and may in their discretion exercise the following powers (that is to say):

(a) Power to Appoint Instructors

To appoint instructors and arrange for their training in order that they shall promote and assist in the dissemination of the Teaching

(b) Power to organise meetings

To organise and hold conventions, conferences, seminars, lectures and other meetings to expound the Teaching to the community at large both in the United Kingdom and throughout the world and to co-operate with other organisations carrying out similar work to the Trust in organising and holding conventions, conferences, seminars, lectures and other meetings at which the Trustees consider that the Teaching may be expounded and contributing to the costs thereof as the Trustees shall consider proper

(c) Power to establish Places of Study

To establish places of study and any other facilities necessary for the dissemination of the Teaching

(d) Offering of Instruction

To offer instruction in the Teaching to any person

(e) Power to Establish and Maintain Agencies

To establish and maintain agencies for the promotion and dissemination of the Teaching in any part of the world where they may not already exist and, where they do exist, to help and support the activities of these organisations, and of individuals who are studying in the same or related fields

(f) Power to Accept Donations

To accept voluntary donations and raise funds for the furtherance of the Teaching and, without prejudice to the generality of the foregoing, to arrange for the disbursement of such receipts on such matters as:

(i) printed and audio-visual materials

(ii) expenses incurred in organising meetings

(iii) maintenance of a national office and staff in the United Kingdom

(iv) proper travelling and, where necessary, accommodation expenses for the instructors appointed on either an honorary or paid basis and those of guest teachers

(v) making such contributions as the Trustees (being not less than two in number or a trust company) may from time to time determine to other Charities involved in similar work in other parts of the world

(g) Generally to undertake all other activities which may be conducive to the attainment of the objects hereof

7 Administrative and Additional Powers of Trustees

The Trustees shall in furtherance of the Charitable trusts hereinbefore declared but not further or otherwise have and may in their discretion exercise the following powers (that is to say):

(a) Power to make contributions

Power to make such contributions as they may think fit towards the expenses of any charity anywhere in the world and the cost of any established projects of study and research carried out by such charity including a contribution towards the cost of purchasing or erecting any building or land to be owned by any such charity and

to be used in connection therewith and the cost of the useful publication of the results of such study and research

(b) Power to provide Funds

Power to provide funds and to make or join in the making of any administrative provisions that the Trustees may deem necessary for the initiation promotion or sponsoring of new Charitable projects of education study and research and for the establishment and endowment of Charitable scholarships fellowships professorial chairs lectureships prizes awards and institutions including the provision of or a contribution towards the cost of purchasing or erecting any building or land to be owned by any such charity which may be required for such projects

(c) Power to Make Rules

Power to make such rules and regulations for the management and government of the Trust and for the administration of the Trust Fund and for matters connected therewith respectively as the Trustees shall in their discretion think fit and from time to time to add to amend vary or revoke or replace any such rules and regulations

(d) Power of Appointment

Power to appoint and constitute all such committees boards and bodies (whether advisory or not) as the Trustees shall consider necessary for the better management and government of the Trust and (pursuant to the general power in that behalf conferred by sub-clause (c) of this Clause) to make amend vary revoke and replace rules and regulations for the purpose of defining their functions powers organisation and power also to defray expenses incurred by any such member of any such committee board or other body and all acts and proceedings of such committees boards and bodies shall be reported back as soon as possible to the Trustees PROVIDED ALWAYS that no such fee or salary shall be paid to any such member or such committee board or other body who shall be a Trustee for the time being hereof

(e) Power to employ Secretary and Staff

Power to employ and pay a Secretary and such other staff including the said instructors upon such terms as the Trustees may in their discretion from time to time determine and fix such reasonable salaries as the Trustees may deem proper and to enter into any service agreements which they shall consider to be necessary including power to determine any such employment upon such terms as the Trustees may decide and to enter into and defray the cost or any part of the cost of any reasonable superannuation scheme which the Trustees shall think proper for the benefit of the Secretary or any other staff whom the Trustees shall so employ PROVIDED ALWAYS that no Trustees for the time being hereof may be appointed to any salaried office committee board or other such body established hereunder

(f) Power to Pay and Discharge Expenses

Power to pay and discharge any rent rates taxes costs of insurance improvements repairs or other outgoings payable from time to time in respect of any property held subject to the trusts hereby declared and to pay and discharge all expenses incurred in the exercise of any powers conferred upon the Trustees by or conformably with the provisions of this Deed or by any assurance to the Trustees upon the trusts hereby declared of any freehold leasehold or other property and any legal or other administrative expenses payable from time to time in connection with the trusts hereby declared or with any property held subject thereto

(g) Power of Sale and Conversion

Power at any time or times to sell call in or convert into money the whole or any part or parts of the investments and property comprised in the Trust Fund and so that the net proceeds of sale shall be held upon the trusts hereby declared of the Trust Fund and the income thereof

(h) Investment

Power to invest monies arising under the trusts hereof or otherwise apply the same on the security of or in the purchase or acquisition of real or personal property rights or interests of whatsoever kind and wheresoever situate

(i) Power of Acceptance

Power to accept and retain or refuse any new shares stock debentures or debenture stock in any company or undertaking which may be allotted to the Trustees in respect of investments held by them as part of the Trust Fund and to discharge any liabilities affecting leasehold or other property of a wasting nature

(j) Power to Receive Addition

Power to accept (or in the discretion of the Trustees to disclaim) any property real or personal which may from time to time be devised bequeathed or given to the Trustees upon the trusts hereby declared or as an addition to the Trust Fund

(k) Sinking Fund Policies

Power to effect and maintain sinking fund policies and pay all expenses of keeping up the same out of the income of the Trust Fund in relation to any leasehold property or other wasting assets

(l) Life Assurance

The Trustees may apply any income of the Trust Fund in effecting or maintaining policies of insurance on the life of a person as a result of whose death fiscal liability might be imposed on the Trustees but for a sum assured not exceeding the expected amount of such liability and including any policy under which the sum assured is payable only in the event of a death before a date specified in such policy

(m) Borrowing

Power subject to such consents as may be required by law to borrow money on the security of the Trust Fund and pay or apply the money so raised in any manner in which money forming part of the capital of the Trust Fund may be paid or applied

8 Accounts

PROPER books of account shall be kept by the Trustees and entries made therein of all receipts and disbursements on account of the capital and income of the Trust Fund and income and expenditure accounts and balance sheets shall be prepared by the Trustees as required by Section 32 of the Charities Act 1960

9 Land Belonging to the Trust

(1) ANY land purchased or accepted by the Trustees as additions to the Trust Fund shall if situate in England or Wales be assured to the Trustees upon trust for sale with power to postpone sale and if situate elsewhere shall be assured to the Trustees either with or without any trust for sale as the Trustees shall think fit but nevertheless with power to sell the same

(2) In relation to any land situate outside England and Wales the powers and indemnities given to the Trustees in relation to land in England by English law shall apply as if expressed in this Deed and the net rents and profits thereof shall be applicable in like manner as if they arose from land in England

(3) The Trustees shall stand possessed of any land so purchased or accepted and the net proceeds of sale thereof and other capital monies arising under the trusts hereof upon the trusts and with and subject to which the money laid out in the purchase of such land would have been held if the same had not been so laid out

(4) Until the sale of any land purchased or accepted as aforesaid the Trustees may permit the same or any part thereof to be occupied for the purposes of the trusts hereof upon such terms (if any) as to payment or non-payment of rents rates taxes and other expenses and outgoings as to repair and decorations and for such period as the Trustees may think fit

(5) The Trustees shall be indemnified out of the Trust Fund against all costs rents covenants obligations and outgoings relating to any land purchased as aforesaid or for which the Trustees may be liable in respect of the said premises or the said purchase or acceptance

(6) The Trustees shall be at liberty to borrow money for any of the purposes of the Trust and they may pledge or mortgage the whole or any part of the Trust Fund by way of security for any such loan

10 Acting through Agents

THE Trustees may employ any agent or agents to transact all or any business of whatsoever nature required to be done in the premises (including the receipt and payment of money) and so that the Trustees shall be entitled to be allowed and paid all charges and expenses so incurred and shall not be responsible for the default of any such agent or agents or any loss occasioned by the employment of such agent or agents and any Trustee for the time being hereof being a Solicitor Chartered Accountant or other person engaged in any profession or business shall be entitled to charge and be paid all professional or other charges made by him or his firm for business done by him or his firm in relation to the execution of the trusts hereof when instructed by his co-trustees so to act in that capacity on behalf of this charity

11 Deposit of Deeds etc

THE Trustees may deposit any moneys deeds securities or investments (including shares and securities to bearer) held by them as trustees with any banker or firm or company whether in the United Kingdom or abroad for safe custody or receipt of dividends and may pay out of the income or capital of such part of the Trust Fund as they shall think proper any sum payable for such deposit and custody

12 Holding of Assets

ASSETS of the Trust may be held in the names of any two or more of the Trustees and the Trustees shall have the right to vest any assets forming part of the Trust Fund in a Stakeholder or in an agent or nominee manager or managers anywhere in the world on behalf of the Trustees and to entrust or concur in entrusting the realisation and re-investment of such assets in such stakeholder agent or nominee or nominees manager or managers upon such terms as the Trustees may deem reasonable

13 Action by Majority

SUBJECT to consultation between the Trustees as hereinafter provided in this Clause all or any of the powers discretions and authorities hereby or by law given to or invested in the Trustees may at any time or times be exercised by a majority in point of number of the Trustees without the concurrence of the other or others of them and so that every exercise of such powers discretions or authorities as aforesaid by a majority of the Trustees shall be binding on the other or others of the Trustees and upon all persons interested hereunder in all respects as if all the Trustees had concurred therein but so that no Trustee shall be liable for any act or thing done or omitted in the execution of the trusts hereof without his knowledge and actual concurrence PROVIDED ALWAYS:

(a) prior to the execution by a majority of the Trustees of any powers discretions or authorities there shall be consultation between all the Trustees either personally or in writing by letter telex telegram or cable

(b) such prior consultation shall not be necessary with regard to any Trustee with whom the other Trustees shall declare in writing that in their opinion it is impossible to communicate

(c) consultation with an Attorney duly appointed by a Trustee shall as far as the donor of the power of Attorney is concerned be deemed for all purposes to be in consultation with that Trustee

(d) that the Trustees hereof shall consist of not less than three trustees

14 Resignation of Trustee

ANY Trustee (so long as the number of Trustees shall be not less than three) shall be at liberty to resign his trusteeship at any time by notice in writing addressed by registered letter to the other or others of the Trustees

15 Custodian Trustee

ANY Banking or insurance or other company which is for the time being entitled to act as a custodian trustee may at any time be appointed as custodian Trustee of the Trust Fund upon such reasonable terms as to remuneration and otherwise as the Trustees shall think fit

16 Appointment and Removal of Trustees

(1) THE Statutory power of removing a trustee or trustees and of appointing a new or additional trustee or new or additional trustees shall be vested in the Settlor during its existance and thereafter in the Trustees for the time being PROVIDED THAT except for the purpose of appointing new or additional trustees hereof the total number of Trustees shall be not less than three and shall not exceed seven

(2) The Trustees may appoint any one of their number to act as their Chairman and any Trustee so appointed shall so long as he or she is willing to act hold the office of Chairman for the period for which he or she shall have been appointed but so that at any meeting of the Trustees at which the Chairman so appointed shall not be present any other of the Trustees may be appointed to act as Chairman at that meeting provided that no Chairman of the Trustees shall in that character only be entitled to any second or casting vote

(3) Upon any Trustee ceasing to be a Trustee of these presents he his heirs personal representatives or other persons acting in his place shall at the request of the continuing trustees or trustee do all acts and things required for the purpose of effectively vesting all property and assets the subject matter of the trusts hereby declared in the continuing or new trustees or other the persons entitled to have ths Trust Fund vested in them

(4) Any corporate body may at any time be appointed as a trustee hereof on such terms and conditions as to remuneration (payable out of the capital or income of the Trust Fund) and otherwise in all respects as the appointor or appointors shall prescribe or approve

17 Insurance

THE Trustees shall take all reasonable and necessary steps to insure to its full value the trust property of whatsoever nature held by the Trustees.

18 Indemnity

In the professed execution of the trusts hereof no trustee shall be liable for any loss to the trust arising by reason of any improper investment or retention or application of the Trust Fund or any part thereof made in good faith (provided that he has sought professional advice before making such investment) or for the negligence or fraud of any agent employed by him or by any other trustee hereof (although the employment of such agent was not strictly necessary or expedient) or by reason of any mistake or omission made in good faith by any trustee hereof or by reason of any other matter or thing whatsoever except wilful and individual fraud or wrongdoing or wrongful omission on the part of the Trustee who is sought to be made liable

Every discretion conferred upon the Trustees by Clause 18 above and by this clause shall be an absolute and unfettered discretion

19 Further Administrative Powers

(1) IF at any time hereafter it shall appear to the Trustees that either by reason of changes in the law affecting the administration of Charitable or other trusts or of changes in social or political conditions or by reason of any defect or omission in the preceding provisions of this Deed it would be conducive to the better administration of the Trust and the more effectual execution of the Charitable trusts hereby declared that the Trustees should possess

or be invested with any further or other administrative powers which the Trustees do not or may not possess it shall be lawful for the Trustees at their discretion by any Deed or Deeds revocable or irrevocable to supplement or alter or amend the provisions of this Deed to such an extent (but to such an extent only) as may in the opinion of the Trustees be requisite for the purpose of conferring on the Trustees such further or other administrative powers

(2) Provided always that nothing in this Clause shall authorise or be deemed to authorise any departure from or modification of the charitable purposes declared by Clause 5 hereof or the application of any part of the Trust Fund or the income thereof otherwise than in conformity with the trusts hereinbefore declared or for any purpose which is not an exclusively Charitable purpose

20 Amalgamation

IF at any time the Trustees (being not less than two in number or a trust company) shall decide that the purposes of the trusts hereof could be more beneficially and conveniently attained in conjunction with some other Charity or Charities they shall hold a meeting of all the Trustees to determine the question and if such decision shall be confirmed by a majority of them they may apply the cash investments and other property held on account of the Trust Fund accordingly and may amalgamate or cause to be amalgamated this Charity with such other Charity or Charities if and in so far as amalgamation shall be permitted by the proper laws both of this Charity and of the Charity with which such amalgamation is sought.

21 Termination of Trust

(a) THE trusts of this Deed may at any time be terminated with the written consent of all the Trustees for the time being

(b) After the giving of such consent and after all liabilities of the Trust have been satisfied any income of the Trust Fund and any capital thereof remaining shall be paid and transferred to such Charities or applied for such Charitable purposes and in such proportions as the Trustees may select and determine

IN WITNESS whereof the parties hereto have executed this Deed the day and year first above written

 

SCHEDULE

 

Roland Peter Klepzig
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James Shaw
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Lin Faust
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Anne Margaret Hasler
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Luanne Maria Maclean
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Susan Gower Robinson
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Francis Turner
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© Crown copyright 2001

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