Trustees and Members 26 - 30

         
    26. PERMITTED BENEFITS TO TRUSTEES AND MEMBERS
        26.1 The property and funds of the Charity must be used only for promoting the Objects and do not belong to the Members but:
            26.1.1 Members who are not Trustees or Connected Persons may be employed by or enter into contracts with the Charity and receive reasonable and proper payment or expenses for goods or services supplied.
Subject to compliance with Rule 27.1:
            26.1.2 Members, Trustees and Connected Persons may be paid interest at a reasonable rate on money lent to the Charity and be paid interest on Shares, subject to Rule 29;
            26.1.3 Members, Trustees and Connected Persons may be paid a reasonable rent or hiring fee for property or equipment let or hired to the Charity; and
            26.1.4 Members, Trustees and Connected Persons may receive charitable benefits on the same terms as any other Beneficiaries.
        26.2 A Trustee must not receive any payment of money or other material benefit (whether directly or indirectly) from the Charity except:
            26.2.1 as mentioned in Rule 26.1 or 26.3;
            26.2.2 reimbursement of reasonable out-of-pocket expenses (including hotel and travel costs) actually incurred in running the Charity;
            26.2.3 the benefit of indemnity insurance as permitted by the Charities Act;
            26.2.4  an indemnity in respect of any liabilities properly incurred in running the Charity (including the costs of a successful defence to criminal proceedings); and
            26.2.5 where authorised by the Court or the Act.
        26.3 Any Trustee or Connected Person may enter into a written contract with the Charity, as permitted by the Charities Act, to supply goods and/or services in return for a payment or other material benefit but only if:
            26.3.1 the goods and/or services are actually required by the Charity, and the Trustees decide that it is in the best interests of the Charity to enter into such a contract;
            26.3.2 the nature and level of the remuneration is no more than is reasonable in relation to the value of the goods and/or services and is set in accordance with the procedure in Rule 27.1; and
            26.3.3 no more than half of the Trustees are parties to a contract in respect of goods and/or services in any financial year.
    27. CONFLICTS OF INTEREST
        27.1 Subject to Rules 27.2, 27.3and 27.4, any Trustee who becomes a Conflicted Trustee in relation to any matter must:
            27.1.1 declare the nature and extent of her or his interest before discussion begins on the matter;
            27.1.2 withdraw from the meeting for that item after providing any information requested by the Trustees;
            27.1.3 not be counted in the quorum for that part of the meeting; and
            27.1.4 be absent during the vote and have no vote on the matter.
        27.2 When any Trustee is a Conflicted Trustee, the Trustees who are not Conflicted Trustees, if they form a quorum without counting the Conflicted Trustee and are satisfied that it is in the best interests of the Charity to do so, may, by resolution passed in the absence of the Conflicted Trustee, authorise the Conflicted Trustee, notwithstanding any conflict of interest or duty which has arisen or may arise for the Conflicted Trustee, to:
            27.2.1 continue to participate in discussions leading to the making of a decision and/or to vote; or
            27.2.2 disclose to a third party information confidential to the Charity; or
            27.2.3 take any other action not otherwise authorised which does not involve the receipt by the Conflicted Trustee or a Connected Person of any payment or material benefit from the Charity; or
            27.2.4 refrain from taking any step required to remove the conflict.
        27.3 A Trustee who is a Member of the Charity or will become a Member on subscribing for Shares is permitted to be part of the quorum, speak and vote at a Trustees' meeting on any matter to do with interest on Shares provided they declare their interest on that agenda item. Rules 27.1 and 27.2 do not apply.
        27.4 A Trustee shall always declare at the start of a Trustees’ meeting any actual or potential conflict of interest arising from the agenda of the meeting.
    28. APPLICATION OF PROFITS
        28.1 The profits of the Charity shall be applied solely towards the promotion of the Objects and do not belong to the Members.
    29. PAYMENT OF INTEREST ON SHARES
        29.1 The payment of interest on Shares shall only be permitted if the rate shall have been declared in advance of the period for which interest will become payable.
        29.2 Interest to be paid on Shares shall be no more than is necessary in the opinion of the Trustees to obtain and retain the capital required to carry on the charitable purposes of the Charity.
        29.3 The Trustees must be able to justify the rate of interest payable on Shares by reference to available commercial rates for borrowing.
        29.4 The rate of interest shall not be such that it is the motivation for a person to buy Shares.
        29.5 The Trustees may suspend payments of interest temporarily or indefinitely by informing members of the suspension.
        29.6 In the accounts of the Charity the payment of interest is an expense of the Charity before its surplus is calculated.

30. Indemnity
        30.1 Subject to Rule 26.2(Permitted Benefits) a Trustee and a retired Trustee of the Charity may be indemnified out of the Charity’s assets against: –
            30.1.1 any liability incurred by that Trustee in connection with any negligence, default, breach of duty or breach of trust in relation to the Charity;
            30.1.2 any liability incurred by that Trustee in connection with the activities of the Charity; or
            30.1.3 any other liability incurred by that Trustee as an officer of the Charity in defending themselves successfully against any criminal or civil proceedings for breach of duty.
        30.2 This Rule does not authorise any indemnity which would be prohibited or rendered void by any provision of law.
Insurance
        30.3 The Trustees may purchase and maintain indemnity insurance, at the expense of the Charity, for the benefit of any Trustee or retired Trustee in respect of any relevant loss to the extent permitted by the Charities Act.

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