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Coursework on equity & trust.

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Introduction

SOUTHBANK UNIVERSITY BUSSINESS SCHOOL LLB LAW - YEAR 1 FULL TIME STUDENT NO. : 2151002 Seminar Tutor: Ms. Thatcher COURSEWORK ON EQUITY & TRUST No.1 " The legal meaning of charity is bonkers," said the Chairperson of the charity Finance Group some years ago. The Charity Commission is currently reviewing the register of Charities. Write a briefing note to the Chief Commissioner, critically evaluating the present legal meaning of "charity," suggesting the most important reforms that ought to be considered, and explaining which type of voluntary organizations would be affected and why. Dear Sir, The purpose of this letter is to give you a brief opinion about the development of charities. I have produced reports that seek information from the preamble to the statute of Queen Elizabeth 1601, till the recent case law. I have visited and found in your website statistics that I shall remind you in order to boldface the great amount that charity organizations produce each year. I will then suggest you some reformations that I hope you will consider deeply, since the charity commission is the only organization for the development and the supervision of the UK charity organizations by statute. The expression "Charity" and its legal meaning, Charities are an everyday phenomenon of the social environment. ...read more.

Middle

An exception arises in the Roman Catholic faith, and other spiritual religions. The public benefit requirement of a charity "preserves the anti-Catholicism of former times" as moffat says. In Thornton V Howe 1862, the decision of the court, recognized charitable a device of land to promote a book about the mother of the second messiah. The non-Christian organizations can also be for charitable purposes. In Neville Estates Ltd. V Madden 1962 all religious non-Christian organizations such us Muslims or Hindus movements were described to belong under this heading. In Re South Place Ethical Society 1980 Lord Dillon ruled, "Two of the essential attributes of religion are faith and worship. Faith in a God and worship of that God." The conclusion is that organizations that promote ethical and moral standards but they do so in an atheistic footing, are not aiming for the advancement of religion. This decision also affects Scientology, which is not recognized as charitable in UK. (4) Trusts for other purposes beneficial to the community not falling under any of the other three heads. Under this heading can be classified all those organizations that satisfy the requirements set in A-G V National Provincial Bank. Thus in this category fall all the organizations that are : a)beneficial to the community, b) ...read more.

Conclusion

These rules are mainly laid down in decisions of the courts on particular cases rather than set out in Acts of Parliament. It concludes that your commission is responsible for the great development of charity law, influencing indirectly by the parliament, the courts. If I were sitting in your current position as the Chief Commissioner, I would try to modify the fiscal privileges of the charity organizations. Fiscal privileges should be given to organizations not depending to their charitable status but upon other criteria connecting with the income, the number of workers and needs. Small voluntary organizations that are not recognised as charitable will also receive fiscal privileges in their taxation leading to their modernization and recognition as charitable. I would also try to examine the organizations belonging to the 3rd category. With the current law all the religions and beliefs of gods are accepted as charitable. This means that I can create a charity organization that promotes an "evil" God, promoting bad and catastrophic ideas that would react to a majority or a minority of people. On the other hand we have to consider how much is this idea aiming for the public benefit and what influences would have in our social life. This concludes that I would do brief investigations upon the organizations' ideas. I wouldn't support religious purposes that would oppose to the democratic idea. ...read more.

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