Article 43 - Power of the QFC Court to Give Directions
(1) This section applies if the QFC Court is satisfied —
(A) that if it gives a direction it will assist a Foundation to administer its assets or to carry out its objects; or
(B) that it is otherwise desirable for the QFC Court to give a direction.
(2) The QFC Court may give a direction as to —
(A) the meaning and effect of a provision or term in the Constitution;
(B) the manner in which the Council of the Foundation is required to carry out the administration of the Foundation's assets or the carrying out of its objects;
(C) the functions of the Council of the Foundation or of any of its Members;
(D) the functions of any other Person appointed under the Constitution;
(E) whether a Person is a Beneficiary;
(F) the rights of Beneficiaries under the Foundation as between themselves or as between themselves and the Foundation; or
(G) such other matters as the QFC Court considers relevant to the Foundation, its Constitution, the administration of its assets or the carrying out of its objects.
(H) The provision of a copy of the Constitution to a particular person.
(3) The QFC Court may, in addition to giving a direction under subsection (2), make such an order as it thinks fit to give effect to the direction.
|Derived (as from 22nd September 2016).|