29BDirections to vary trusts

29B Directions to vary trusts

29B Directions to vary trusts

(1) Subject to subsection (2), a Church of Christ may, by special resolution, direct its Church Trustees to transfer any specified property real or personal of that Church of Christ to the Trust to be held (or may, by special resolution, direct its Church Trustee, being the Trust, to hold that property) upon trust for or for the benefit of some other Church of Christ or Churches of Christ in New South Wales or for any Conference Committee or Conference Auxiliary as specified in that special resolution and, upon receipt of notice in writing of that special resolution, the Church Trustees or Church Trustee shall do all such things as may be required to give effect thereto, but the Trust shall not accept that property or begin to hold it in trust for that other Church of Christ or for Churches of Christ in New South Wales or for that Conference Committee or Conference Auxiliary, as the case may require, until:

(a) that other Church of Christ is registered under this Part, has appointed the Trust as its only Church Trustee and has, by special resolution, agreed to accept that property, or

(b) Conference or that Conference Committee or Conference Auxiliary, as the case may be, has, by resolution duly passed, agreed to accept that property.

(2) A Church of Christ may not give a direction under subsection (1) with respect to any property held subject to a condition imposed by a will, deed of gift, deed of trust or other instrument, unless the Conference Executive has certified in writing:

(a) that the direction is not inconsistent with the condition, or

(b) that it is impracticable or inexpedient to comply with the condition.

ss 29A–29E: Ins 1982 No 100, Sch 5 (4).