Good Morning All
I wish to refer to the Prescribed Management Rule 6.(4); and in particular request any interested parties in this post to read the first line very carefully.
For ease of reference I shall paste it below:
“(4) A trustee ceases to hold office if that trustee—”
This is the most crucial part of rule 6.(4). Many very qualified people do not appear to understand it properly; and are using it to prevent people from being nominated for, and voted to, to the position of trustee as they believe that this rule refers to circumstances from the past in the life of said nominee. So for example, if 20 years ago you had been declared insolvent (but may actually have been declared a rehabilitated solvent 5 years later), you may not be a trustee now. Or perhaps you went to jail without the option of a fine, for a minor traffic offence some 35 years ago, you may not be a trustee now.
However, the wording of the sentence is quite clear, and therefore the intention of the author of the rule is quite clear. It states ‘ceases to hold office if’…
It means that a currently-serving trustee shall cease to hold office if any of the items (a) to (i) occur whilst said trustee is in office.
In fact, to underscore that fact that this rule does not include past circumstances, it highlights one instance where a past circumstance is included; and that is item (d) which refers to a crimes of dishonesty, and specifically states ‘is convicted or has been convicted’…
It follows therefore that items (e) and (f) would refer to something that happens whilst one is serving as a trustee, and not something from one’s past life.