The International Journal
of Not-for-Profit Law

Volume 1, Issue 3, March 1999

A quarterly publication of the International Center for Not-for-Profit Law

Table of Contents

Letter from the Editor

Articles

Creative Uses of Program Related Investments
Milt Cerney

Redes y Redes de Redes
Miguel Angel Itriago Machado and Antonio L. Itriago Machado

The Katz Report - Finally a Reality
Sangoco

Recent Experiences with Re-Registering Foundations in the Czech Republic
Lenka Deverová and Petr Pajas

Canadian Developments
Arthur Drache

Creating an Enabling Environment for Private Philanthropy: the Role of Charity Law in Northern Ireland
Kerry O'Halloran

Establishing New Interactive Forms of Collaboration Between Non-Profit Organizations and Enterprises.- Competitive vs. Collaborative Relationships
Maria Beatriz Parodi Luna

Reflexionando sobre Consolidación de Organizaciones Cúpula de la Sociedad Civil en Venezuela
Charo Méndez

Reviews

Studies of – and prospects for the revision of the tax laws governing non profit organizations 
By Fondazione Italiano per il Voluntario

Protecting Human Rights Defenders - Analysis of the newly adopted Declaration on Human Rights Defenders
By the Lawyers Committee for Human Rights

Las Asociaciones Civiles en el Derecho Venezolano (Qué son y cómo funcionan)
By Miguel Angel Itriago and Antonio L. Itriago
Reviewed by Caroline L. Newman

Philanthropy and Law in Asia
Edited by Thomas Silk

Case Notes

India:
CIT v Sri Gujarathi Mandal | CIT v Nagi Reddi Charity

France:
Association Eglise de Scientologie
| Albert & others v Association club du chien-guide d'aveugles d'Ile de France

United Kingdom:
Varsani v Jesan | Singh v Bhasin | The Zoological Society of London v Customs & Excise / Dean & Canons of Windsor v Customs & Excise | National Trust v Hoare

United States:
United Cancer Council v Commissioner | In Re Bishop Estate

Country Reports

Asia Pacific:
Regional | Australia | China | New Zealand | Papua New Guinea | the Philippines | Singapore | Vietnam

Central and Eastern Europe:
Albania | Bulgaria | Croatia | Czech Republic | Hungary | Latvia | Lithuania | Macedonia | Romania | Slovakia

Latin America and the Caribbean:
Brazil | Columbia | Falkland Islands/ Malvinas | Peru | Venezuela

Middle East and North Africa:
Regional | Egypt | Kuwait | Morocco

Newly Independent States:
Armenia | Azerbaijan | Belarus | Georgia | Kazakhstan | Kyrgyzstan | Moldova | Russia | Tajikistan | Turkmenistan | Ukraine | Uzbekistan

North America:
Canada | the United States

Sub-Saharan Africa:
Cameroon | Ethiopia | Ghana | South Africa

Western Europe:
Regional | Belgium | France | Germany | Republic of Ireland | Italy | Malta | Sweden | Switzerland | the United Kingdom

Self-Regulation Initiatives

Code of Conduct for NGOs In Ethiopia- A Review Article
Eddie Adiin Yaansah

International Grantmaking

What’s Behind the Foreign Public Charity Equivalence Affidavit?
Betsy Buchalter Adler and Ingrid Mittermaier

International Developments

International Fiscal Association Congress 1999

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Editorial Board

Subscription Information

Previous Issues

ICNL Homepage

Varsani v Jesani [1998] 3 All E.R. 273

In a case involving a dispute betwen rival factions of a religious charity, the majority sought to remove the trustees of the charity who were in the minority. The High Court held that the exercise of the court's jurisdiction to order a scheme for the administration of the charity under section 13 Charities Act 1993 was not limited to cases where the objects of the charity had become impossible or impracticable. The original purpose of the charitable gift had ceased to provide a suitable and effective method of using the property given, and the spirit of the gift supported an order for a scheme dividing the property between the two factions.

Singh v Bhasin, The Times 21 August 1998

In a case where a trustee of a religious charity was sued in a representative capacity by a member of the charity challenging the validity of a resolution of the general meeting of members to suspend his membership for 10 years, the High Court held that a trustee who chose to defend an action against him without first obtaining the protection of an order authorising the payment of his costs out of trust funds proceeded at his own risk. The court will not allow trust funds to be used to pay costs unless it would have authorised the defence of the suit at the charity's expense.

The Zoological Society of London v Customs & Excise, VAT Tribunal 8 July 1998; Dean & Canons of Windsor v Customs & Excise, VAT Tribunal 7 September 1998

The 6th EC Council Directive on VAT, Directive 77/388, permits member states to impose conditions on the exemption from VAT of cultural services provided by non-public bodies. Two recent tribunal cases concerned the liability to VAT of admission charges imposed by a zoo and a chapel. The tribunal in the second case accepted that the chapel's features were similar to those of a museum for this purpose. The critical issue in each case was whether the charity was managed and administered on an essentially voluntary basis. So far as the zoo was concerned, the tribunal accepted that this was true on the basis that the governing body, who exercised effective control over the paid management staff, were not remunerated. In the case of the chapel, the trustees were paid a stipend; the tribunal held that these payments were consideration for their temporal as well as their spiritual duties, so that the trustees could not be said to be acting in an essentially voluntary capacity.

National Trust v Hoare, Court of Appeal, 13 October 1998

A recent case in the Court of Appeal concerned the liabilty to business rates (a tax on the ownership or occupation of real property) of a charity owning a historic building open to the public. Charities are exempt from 80% of their liability to business rates; this case concerned the valuation of the property for the purposes of determining the remaining 20% liability, based on the estimated rent that could be obtained if the property was on the open market. The court rejected the finding of the Lands Tribunal that a valuation based on 3% of the gross receipts from the property was the correct method and held that, where there is no commercial market for the property (which is normally the cae with historic buildings because the costs of maintenance and repair would deter any potential tenant), the Lands Tribunal must consider reducing the assessment to nil.

 

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