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- Goodman Derrick LLP was instructed by the Association of Investment
Trust Companies to establish a charity to provide financial
assistance to people who had suffered severe financial hardship
having lost money invested in split capital investment trusts.
Although the matter was under investigation by the Financial
Services Ombudsman and compensation might ultimately be awarded,
some of the investors were old and in immediate need. The industry
had therefore decided to support a charitable trust to give
assistance now.
The application for registration of the AITC Foundation as a
charity was turned down on the ground that the level of need
accepted by the Foundation was less than that required to fall
within the Commission's definition of "poverty" and
that the Fund was in part compensatory for investment losses.
An appeal was made to the Commissioners. This was dealt with
by the Commissioners under the fast track procedures. Having
considered the case put to them on behalf of the Foundation
including the legal submissions and supporting evidence as to
their activities, the Commissioners concluded that the AITC
Foundation, being established for the relief of poverty among
a defined beneficiary class, namely persons who had suffered
financial loss from investing in split level investment companies
and their dependants, and for other charitable purposes, was
established for the benefit of the public and should be registered
as a charity. Diana Rawstron consultant in the private client
department of Goodman Derrick LLP acted on behalf of the AITC
Foundation. A full transcript of the decision made on 19 February
2004 is available on the Charity Commission's website.
- Goodman Derrick LLP was instructed by the Association of Investment
Trust Companies to establish a charity to provide financial
assistance to people who had suffered severe financial hardship
having lost money invested in split capital investment trusts.
Although the matter was under investigation by the Financial
Services Ombudsman and compensation might ultimately be awarded,
some of the investors were old and in immediate need. The industry
had therefore decided to support a charitable trust to give
assistance now.
The application for registration of the AITC Foundation as a
charity was turned down on the ground that the level of need
accepted by the Foundation was less than that required to fall
within the Commission’s definition of “poverty”
and that the Fund was in part compensatory for investment losses.
An appeal was made to the Commissioners. This was dealt with
by the Commissioners under the fast track procedures. Having
considered the case put to them on behalf of the Foundation
including the legal submissions and supporting evidence as to
their activities, the Commissioners concluded that the AITC
Foundation, being established for the relief of poverty among
a defined beneficiary class, namely persons who had suffered
financial loss from investing in split level investment companies
and their dependants, and for other charitable purposes, was
established for the benefit of the public and should be registered
as a charity. Diana Rawstron consultant in the private client
department of Goodman Derrick LLP acted on behalf of the AITC
Foundation. A full transcript of the decision made on 19 February
2004 is available on the Charity Commission's website.
Articles
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+44 (0) 20 7404 0606 | f: +44 (0) 20
7831 6407 | DX 122 Chancery Lane
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A limited liability partnership regulated by the Solicitors Regulation Authority
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