A local charity is purchasing a second hand vehicle. It has to be transferred into the director's name, but only to hold

the vehicle (on behalf of the charity). How can the charity ensure they the vehicle exists as their own asset, even though

it will be registered in the name of the acting director? Is there some type of contract or power of attorney to consider?

2 minutes ago, bangkokgalaxy said:

How can the charity ensure they the vehicle exists as their own asset, even though

it will be registered in the name of the acting director?

 

You can't. Instead register the vehicle in the name of the Foundation.

1 hour ago, blackcab said:

 

You can't. Instead register the vehicle in the name of the Foundation.

 

The challenge: this charity is not a juristic person (i.e. A Foundation). It's a legitimate entity under

the control of the Dept. of Livestock, but it can't enter contracts or own things in its own name.

 

We thought about creating a company to "hold" assets and sign leases on behalf of the charity,

but from what I see it is very expensive (over 100k, if I'm correct), which is a lot for a charity.

 

Any ideas or workarounds would be appreciated. 

I'm sorry to be blunt but there are no workarounds.

 

Firstly, the vehicle will belong to whoever is listed as the owner in the blue book.

 

Secondly, your organisation is not a juristic person, so it cannot own property. Importantly, it also cannot bind itself to a contract, so any kind of document or contract used as a workaround would be invalid as one party (your organisation) doesn't exist in law. 

 

If your organisation is not recognised in law it cannot be listed as the owner in the blue book.

 

Any other legal basis that you might try to use to work around this fact will almost certainly fail because the organisation will not be able to sue in its own name.

4 hours ago, bangkokgalaxy said:

The challenge: this charity is not a juristic person (i.e. A Foundation). It's a legitimate entity under

the control of the Dept. of Livestock,

Department of Livestock - i.e. a government body?  Then let them own it and issue an allocation of use under an M.O.U. I presume that charity only wants to be able to use it?  Putting it in a director's name is only vialble if that director is entirely trustworthy (and who knows that?)- otherwise it leaves the door open to corruption.

 

The government must own thousands of vehicles - either through separate departments or though a central body set up to be the registered owner of vehicles.