The RCR Trust Fund Agreement and Declaration of Trust 1989
This copy of The RCR Trust Fund Deed provides an electronic copy in a “flippable” format. The original is held by the Secretary of The RCR Trust.
AMENDEDAGREE$4ENATND DECLARATIONOF TRUST '' ,Hrs AGREEMENATNDDECLARATTOoNF TRUSTmade as of t,he 20th day of October, 19BT BE].'hIEEN: THE ROYALCANADIANREG]MENT here inaf Ler c alle d frThe RegimenLft Approved b.nada Taxation OF THE FIRST PART Revenue -and- \"?,{/ t2/gq THE ROYAL CANADIAN REGIMENTASSOC]ATION hereinaffer called trLhe Associaticnrf OF THE SECONDPART -ano- S A M U E LL E R N E R ,T H O M A SH E N R YB U R D E T T ,W A L T E RF A U L K N E R \\,FI STOTT, FREDERICKMAXWELVL INE, DAN]ELJOSEPHBONNER, WILLIAM JOSEPHAITCHISON( CommanderHome Station/ PresidenL, Regimental- Executive Commit,t,ee)and JOSEPHALLANCONYERS(Regimental Major) all of t,he City of London, and CECIL ROBERTHOLLINGSWORTH of the Township of Caradoc, in the County of Middlesex, ARTHURJOHNLAWSONo, f the City of Stratford, in the Counl,y of Pert.h, and SHERIDANEDWARDATKINSON,of the Township of Howard, in Lhe County of KenL, all- of the Province of Ontario, TrusLees of THE ROYALCANADTAN R E G ] M E N TT R U S T F U N D hereinafter cal]ed rrthe Trustees OF THE THIRD PART WHEREASThe Royal Canadlan Reglment Trust Fund and The Royal Canadian RegimenLAssociation are bodies without share capltal; ANDWHEREASThe Royal Canadian Regiment Trust Fund is associated with The Royal Canadian Regiment Fund and The Royal Canadian Regiment Associaflon, A N DW H E R E AtS, h e p a r t y o f the First, Part and the party of the Second Part , as of the date hereof, have deemed it necessary and advisable, subjecL to the approval of RevenueCanada ( Taxation ) , bc change bhe composition of the sald TrusL Fund and have restated the trust upon which
., -/^_ funds, memorabilia and artifacLs shalI be received, held and administered, in accordance with the terms of the Agreement and Declaration of Trust made as of the 6th day of May 1982; AND WHEREASThe Regiment and the Association do hereby appoint the parties of t,he Third Part, and their successors, as herelnafLer provided, the TrusLees of a fund to be known as itThe Royal Canadian Regiment Trust Fundtr, established as hereinafter seL forth and hereinafter referred to as rtthe TrusL Fundtr, and the Trustees, hereby undertake and agree, for themselves and their successors, to act as Truslees upon the terms and conditions hereinafter set forth. I. O&]ECTS (1) The Trustees shal-l from Lime to time receive by way of legacy, bequest, gift or otherwise transfers or contribucions in trust for Lhe Trust Fund and administer the same in accordance with this Agreement. Such administration shail j-nclude, as may seem advisable at the discrefion of the Trustees: (a) the establishment and mainfenance of a Museuml (b) Lhe expense of wriflng and publishing a history of The Regiment; (c ) the enlargemenl and enhancemenL of the Memorial ciedicated as a !'lar Memorial- for The Regiment at Wolseley Baruacks, London, Ontario; (d) the enl-argement and maintenance of a Book of Sacrifice; (e) t,he re11ef of poverty and distress; (f) the provislon of educational bursaries; (g) fo receive and hold in Lrust in perpetuity, gifts, donations, memorabilia and artifacts on behalf of The Regiment or any unit thereof:
(h) bo foster, maintain and promote the traditions, efficiency and wel]-being of the Milifary Services of Canada. Q) In t,he evenL of dissolution or winding up of the Trusb Fund, any assets remaining at that time, after payment of liabllities, sha1l be distributed bo one or more recognized charitabLe organizations in Canada. (3) PROVIDEDALWAYSthat the Trust Fund shal.l be administered entirely without remuneraLion or pecuniary gain to any of the Trustees, or the officers thereof, and that any profits or olher accretions to the Trust Fund shall be used j-n promoting iLs objects as sef out above. ]I. TRUSTEES (a) Number ( I ) Trustees shal-l- be servi-ng members of The Royal Canadian Regimenb or members in good standing of The Royal Canadian Regiment Association. (2) There shall be at no time l\"ess bhan seven ('/) or more bhan ten (10) Trustees, of which two (2) sha]l be the CommandenHomeStatlon/ President, Regimental- Executive Committee, and the Regimental Major. (3) Trustees who are Trustees by reason of their appointment as CommanderHomeStation/President, Regimental ExecuLive Committee or Regimental Major shall vacate the appoinLment of Trusbee upon vacating those other appointments. Their successors shafl be appointed TrusLees in Lhelr stead. (4) In the evenL that the number of TrusLees at any time, through deat,h or other cause, is less than seven (7), bhe TrusLees shall appoinb an addltional Trustee or Trustees to restore the number t,o seven (7)r provided howevev, that should the TrusLees fail to do so within one month from Lhe date of receipt of a requesL from The Regimentaf Executj-ve
Commibtee, the Cofonet of The Reglment upon consulLatj-on with the Commander HomeStation, and the Chairman of the Association shal-l appoint an additionaf Trustee or TrusLees to restore Lhe number to seven (7). (5) The TrusLees at Lheir discretion may appoinf from time to flme such addiLional Trustees as may be necessary, buL in any event bhe totat number of Trustees shaff nob exceed ten (10). (b) Qui-nquennial Retirement - Every five years the Trustees shafl select three (3) Trustees, to retlre. The Trustees shalf appoint three (3) TrusLees to fill the vacancies so created. Two (2) of Lhe reLiring TrusLees' may be re-appointed for a further term. (c) Death or Resignation - Upon the death or resigrtation of' a Trustee, or if for any reason a Trust.ee is unable to continue to act, the Trustees may appoint anobher Trustee in the place and st.ead of the person so dying or resigning or becoming unable bo act, provided always that no resignation shall take effect unless approved by the TrusLees. (d) Remova] - The TrusLees may remove any TrusLeer aL any fimet for any reason bhey deem fit, provided all TrusLees, with t,he exception of' the Trustee to be removed, consent bo srrch r\"emova.l III. HONORARCYHAIRMAN TrusLees may select an Honorary Chail'man. IV. OFFICERS (a) Eleclion and Appointment of Offlcers - The Trustees shal-l el-ect annually from amongtheir number, as offlcers, a Chairman, Vice- Chairman, Secretary, Treasurer or Secretary-Treasurer.
:5- (b) Term of Office - Each eLected officer's term of office sha]l- be for one year from the date of the Annual Meeting at whlch he is elected, or until- hj-s succesor is elected or appointed, and each offlcer shall be eligible for re-elecbion. (c) Chairman - The Chairman shall preside at a1l meetings of Trustees and shal-l be a member of al-l commitbees and shall exerclse general supervision and control over the administr-aLion of the Trust,. (d) Vice-Chairman In the absence of fhe Chairman, or in the event of his inabilit,y to carry out his <iuties, the Vice-Chairman shall assume such duties. (e) Secretary - The Secretary shatl- (i) abtend at and keep minubes of all Meetings of the Trusfees and any Committees thereof; (ii) be a memberof al-I Committees of Truslees; (ifi) see that al-l minutes, reporLs, and other docurnentsare properly kept and fiLed; and (iv) perform al-l- dulies incidental to the office of Secretary and such other duties as may be assigned to him by the Trustees or the Chairman. (f) Treasurer - The Treasurer shatl - (i) keep all necessary ledgers, and duly enter therein al-l- capital and revenue receipts and all capibai and revenue disbursements in connection with bhe TrusL Fund; (ii ) issue receipts in form satisfactory to the Deputy Minister of NaLional Revenue for Canada (Taxation) to ttre granlor, donor or maker of any transfer or gift, to the Trust Fund;
:o)- (iii) deposlt all cash, cheques, money orders or olher orders for (iv) narrmonf ^f mOney feCelVed in SUch bank, ffUSl Cgmpany Or (v) (vi) other deposibory as may be setLl-ed from time to time by (vii) the Trustees; Lake charge of, and cause fo be held in safe*keeping in such bank, frust companyon other deposibory, securlti-es or other property transferred from time to time to the Trrrst Fund, and any invesfments made from time to time by the Trustees j-n accordance with this Agreementl make aLl- disbursernents by cheque from fime to time as may be duly authorized and directed by Lhe Trustees under the terms of t,his Agreement; prepare all\" financial reports and relurns as required, ensuring copies are properly kept and filed; and perform all dubies lncldental to the office of Treasurer and such oLher duLies as may from Lirne to blme be assigned to him by fhe TrusLees or the Chairman. (e) Signing Officers Deedsn t,ransfers, assignrnents, contracts, receipts and obligations shall be slgned by any two (2) of the following: Chairman, Vice-Chaj-rman, Secrelary or Treasurer. V. F]SCAL PERIOD The fiscal year shall- end on the 31st day of Decemberin each year. VI . MEETINGS (a) Not ice Meetings of the Trustees may be called by the Chairman or Vice-Chairman or by the Secretary or by any two of the Trustees. Notice of every such meeLing shal1 be mailed by ordinary mail to each Trustee noL l-ess than fifleen days before the time when the meeting is to take place.
,;7- (b) Place - Meetings may be held ab any place within the Province of Ontario, from time to time, or el-sewhere, provided all Trustees who are unable to atLend, approve in wribing of any meeling to be held ouLside fhe Province of Ontario. lc) Quorum - Five Trustees, present in person, sha}l consbituLe a quorum for any rneeting. (d) Voting - Voting shal1 be by show of hands unfess a majority resolution calls for vote by bal]ot. In the event of a tie in bhe votes of the Trustees presenL at any meeting, Lhe Chairman shall have a second or casting vote in addit,ion to his oriElnal vote. (e) Anrrual Meeting - A meeting of the Trustees shall be held immediately following the signlng of Lhese pr.esenLs to e]ect and appoint officers as herelnbefore set or.lt anci there afLer each year within four nonths following the end of the fiscal year, an Annual-Meeting shall be he1d, at which meet.ing the agenda shall include the foll_owing: (i) the Chairmanrs report on the efficiency, welfare and wel-l- being of the Trust Fund; (ii) the Treasurerts debailed report on the Trust Fund for the last fiscal period; (ij-i) approval of atl- acts of any commibtees appointed durlng the past fiscal year; (iv) electlon of offlcers for the current fiscal- period; and (v) appointment of auditors for the current fiscal_ period.
*B- (f) Minufes - Written Mlnutes for all meetings of the Trustees shal-] be signed by the Chairman and the Secretary of the meeting of which the minutes are a record. VI]. INVESTMENTPOWERS The Trustees shalL have power to invest and re-invest the assets of the Trust Fund in any secui'ities in whlch, pursuant to the laws of onLario, Trustees are empoweredto invest, with ful1 power to vary all or any investmenLs from Llme to time as they see flt and from time to tlme to sel-l- or ot,herwi-se dispose of such investments and to apply LIre proceeds thereof for the obJects of the Trust Fund hereinbefore declared. V]II. COMMITTEES The Trustees may appolnt from among their number such committees as bhey deem necessar)r to carry out Lhe administration of the Trust Fund ln the most expedit,lous manner. IX. DISBURSEMENTS A11 disbursemenLs from the Trust Fund shall be duly authorized by Resolution aL a Trustee Meeting and paid by cheque signed by two (2) of the Chairman, Vice Chairman, Treasurer, or Secretary. X. REPORTS The Trusbees shall submit annually to The Regiment and bhe Assoclation a report on Lhe operat,ion of the Trust Fund. XI. AMENDI'IEI{T The Trustees shalL have power at any Lime, and from time t,o bime, wit'h approval of Lhe Department of Nabional Revenue (Taxation) to amendthe openating procedures herein contained.
-L9- XII. ADDRESS All communications may be addressed to the Secretary, The Royal Canadian Regiment Trust Fund, Wolseley Barracks, Canadian Forces Base London, London, Ontario, N5Y 4TT and any change of address shalt be immediaLely communicaied to the Deputy Minister (Taxation), Government of Canada, Ottawa, OnLanio. XII]. E F F E C T I V ED A T E This trusL documenL shall cCImelnto effect on day and daLe first above wriLLen.
_10_ IN WITNE.CW;SHEREOTFhe Royal Canadian'Regimenb was subscribed by the Colonel of The ReglmenLon its behalf, The Royal Canadian Regiment Associabion has herefo affixed its Corporate Seal abtested by t,he proper officers in t'hat behalf, and t,he parties of the Third Party have subscribed hereto bhelr hands and seals respectively as of t,he day and year first above wri tLen. THE ROYALCANADIANREGIMEN)T of The RegimenL by: ) C-*LhilL as to the signaLure of: THE ROYAL CANADIAN REGIMENTASSOCIA M by: -,M SIGNED, SEALEDANDDELIVERED meL LERNER signaLure of: \\*.UJ11 / T'ft,M signat,ureY'f : THCIUAHS ENRYBURDETT .,#*9^fr&signatur of: F A U L K N E RS re*rrffi^%,slgnat,u of: J O S E P HB O N N E R rt? Witness as flw&njtM OSEPHATTCHISON , 4 ? * - , & . \" 6 - fq*n *P{ &dr@ Irif t,ness as to t,he s ignaf ure of : SEPH ALLAN C 4a Witness as Lo CECIL OLLI NGSWORTH W'*-rMffiA M.or: LAWSON RiNAN EDWARDATKINSON
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