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Sale and Supply of Alcohol Act 2012

Licensing trusts, community trusts, and other matters - Community trusts - Trustees

376: Disqualification from election or appointment as trustee

You could also call this:

"Who can't be a trustee of a community trust"

You cannot be a trustee of a community trust if you are an undischarged bankrupt. You are also disqualified if you have been convicted of a crime that can be punished with imprisonment in the last three years, and you are not able to appeal the conviction anymore. This also applies if you have appealed the conviction, but the appeal was dismissed.

You cannot be a trustee if you are subject to an order under section 383 of the Companies Act 1993. You are also disqualified if you are subject to an order under section 30 or section 31 of the Protection of Personal and Property Rights Act 1988. These rules are in place to ensure that trustees are suitable for the role.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3339929.

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375: Trustees' term of office, or

"How long trustees get to keep their job"

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377: Disqualification from continuing to hold office as trustee, or

"When you can't keep being a trustee of a community trust because you don't meet the rules."

Part 3Licensing trusts, community trusts, and other matters
Community trusts: Trustees

376Disqualification from election or appointment as trustee

  1. A person is disqualified from election or appointment or from holding office as a trustee of a community trust if he or she—

  2. is an undischarged bankrupt; or
    1. has been convicted within the last 3 years of a criminal offence punishable by imprisonment and—
      1. the time for appealing against the conviction has expired; or
        1. if an appeal has been brought, the appeal has been determined and dismissed; or
        2. is subject to an order under section 383 of the Companies Act 1993; or
          1. is the subject of an order under section 30 or 31 of the Protection of Personal and Property Rights Act 1988.

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