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2 results

  • 5 - Operational Restraints on Accumulation

  • from Part II - Charities and Accumulation Delimited
  • Ian Murray, University of Western Australia, Perth
  • Book:
    Charity Law and Accumulation
    Published online:
    23 July 2021
    Print publication:
    05 August 2021, pp 128-159

  • Summary

    This chapter examines a range of alternative mechanisms arising from a charity’s legal form or status as a charity that potentially restrain a charity’s accumulation activities. Key amongst them are administrative (or deviation) schemes and cy-près schemes, which enable modification of the administrative machinery or charitable purpose of charities. As these mechanisms permit the rate of accumulation to be directly altered or accumulated assets to be distributed, they are explored under the sub-heading ‘directly controlling accumulation’. External administration, including winding-up or replacement of charity controllers, is a fairly drastic and indirect method of controlling accumulation that is separately considered, as well as member action in controlling accumulation. Examples are drawn primarily from the United States and Australia, but with material discussion of the United Kingdom, Canada and New Zealand also.

Charity Law and Accumulation
  • Maintaining an Intergenerational Balance
  • Ian Murray
  • Published online:
    23 July 2021
    Print publication:
    05 August 2021
  • Much has been written in charity law on the type of benefits that charities can provide - charitable purposes - and towards whom such benefits must be directed - the public benefit question. Almost nothing has been written about when benefits must be provided. However, accumulation of assets by charities raises profound ethical, economic and social considerations that are highlighted by the present retreat of the welfare state and the impact of the Global Financial Crisis and COVID-19. This book analyses the issue through a normative, doctrinal and comparative analysis of the legal constraints upon accumulation by charities. It reveals that the legal restraints contain significant gaps in relation to the intergenerational distribution of benefits and to the balance of decision-making between generations. In particular, the book asserts that there is room for law reform to better identify and incorporate principles of intergenerational justice into the regulation of charities.