Why is the Trust needed?

 Because local churches and the Conference are legally just a number of individual people, it is necessary to have Trustees or a Trustee to hold property and to enter into contracts. The Churches of Christ in New South Wales Incorporation Act provides a simplified method of trusteeship for Conference and the affiliated churches.

 If churches enter into agreements without following the procedures set out in the Act there is the possibility that the arrangement could be declared invalid or unenforceable, or that those who sign it could be held personally responsible for payments.

Property Transactions

Property matters such as the purchase, sale, lease, rental, demolition, construction, secured borrowing and substantial renovations requiring Council approval must be dealt with in accordance with the requirements of the Churches of Christ in New South Wales Incorporation Act.

Churches also need to note that to maintain the protections provided by the Act, any proposed change of the church's name should be made according to the procedures for a Resolution at a Special Meeting.

The procedures set down in the Act for passing Resolutions at a Special Meeting are like the "signature" of the church authorising the instructions to the Trust.

Special Resolutions

The Act sets out the procedures. Following a Special Meeting, a statutory declaration, detailing the resolutions passed, is forwarded to the Registrar.

Only then is the Trust authorised to sign the relevant documents under Seal on behalf of the Church.

To ensure the protection of the Church and its members all Churches must follow the requirements of the Act.

A summary of the procedures is available for download, together with the Statutory Declaration Form for reporting Special Resolutions that have been passed.

Further information can be obtained from the Secretary of the Trust, Peter Dixon, who can also help in the wording of proposed resolutions.

Phone and Fax : 02 9558 5762
(0432 142 027)
cofcpropertytrust@bigpond.com
PO Box M63
Marrickville South, NSW 2204