FENC Fiji
Foundation for the Education of Needy Children in Fiji
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About FENC Fiji

Fenc Fiji is a non-political, not-for-profit, cause-oriented, voluntary organisation with a mission to provide education and related support to the under priviledged children of the Fiji Islands.
Deeds of Trust

 

                                       TRUST DEED

                                               FOR

 THE FOUNDATION FOR THE EDUCATION OF NEEDY CHILDREN IN FIJI (Fenc. Fiji)

DATE OF TRUST :                         16th        Day of  October, 2009.

BY :

  1. TERESA APTED, Director-Apted Ltd, 9 Beach Street, Suva Point, Suva;
  1. RATU JOLAME LEWANAVANUA, Chairman-Lomaiviti Provincial Council of P. O. Box 101, Sigatoka;
  1. NAZHAT SHAMEEM, Barrister and Solicitor of 8 Albert Lee Road, Suva; and
  1. LORINE TEVI, Vice President – Fiji Council of Social Services of Balabala Crescent, Newtown, Nasinu.  

(collectively called  “ The Trustees” )

BACKGROUND

  1. It is intended to establish a Charitable Trust named in Clause 1.1 hereof (“The Trust”) for the objects described in Clause 3 of this Trust, to support the educational and related needs of the children of the poorest of the poor families within Fiji.
  1. The Trustees have agreed to act as initial Trustees of the Trust in accordance with the terms and conditions of the Trust
  1. The Trustees acknowledge the purpose of the Trust and agree to provide proper management, control and governance consistent with the charitable purposes and objects for which the Trust is hereby constituted and established.

BY THIS DEED :

1.      NAME AND SETTLEMENT OF TRUST

1.1              The name of the Trust shall be the “FOUNDATION FOR  THE EDUCATION OF NEEDY CHILDREN IN FIJI” hereafter referred to as    “Fenc. Fiji”.

2.      OFFICE OF TRUST

2.1              The principal office of the Trust shall be such place or places in the Republic of the Fiji Islands (hereafter referred to as “Fiji”) as the Board of Trustees may determine.

2.2             Unless decided otherwise by the majority of the Board of Trustees the principal registered office for the time being shall be as follows:

c/- G. Lal & Company,

Level 10, FNPF Plaza,

343 Victoria Parade

Suva, Fiji

3.      PURPOSES AND OBJECTS OF THE TRUST

3.1              The purposes and objects of the Trust include but are not limited to the following:

a)      serving, as a voluntary, non-political, non-profit, cause-oriented Organization, by raising funds and through other ways and means, for the main purpose of providing educational and related support to children of the poorest of the poor families in Fiji;

b)      providing, for the beneficiaries of the programs and assistance activities of the Trust opportunities to improve their own lives and develop their own strengths as a community to obtain a brighter future through training, participation and linkages to other community support organizations;

c)      promoting, awareness of the educational needs of the poorest of the poor needy children in Fiji through programs such as “ Sponsor a Child” and other sponsorships;

d)     enhancing, synergies and ensuring complementarity, by serving, as necessary and appropriate, as a national umbrella body and conduit, for facilitating the more effective delivery of educational and related support to children of the poorest of the poor families within Fiji;

e)      contributing, to a strengthening of the partnering relationship for the alleviation of  poverty, involving key stakeholders such as concerned Government agencies, representatives of the private sector and civil society in Fiji and also philanthropic individuals and organizations both within Fiji and overseas; and

f)       mobilizing, sustainable funding for Fenc. Fiji as a charitable Organization, through voluntary contributions from the private sector; the civil society; the Government of Fiji as well as external sources and development partners and from individual Fiji citizens including Fiji people now living abroad.

4.      MEMBERS OF THE BOARD

       4.1              Number of Board.  The Board shall consist of not less than four (4) nor more than ten (10) members. Those persons named as Trustees on page 1 of this Deed shall    be the first Board.

4.2              Term of the Board . Unless otherwise specified in this Deed, each member of

            the Board shall hold office for a term of three ( 3 ) years or until he or she dies or is declared bankrupt or is found to be a mentally disordered person or indicates in writing that he or she wishes to resign from the Board. Any retiring member shall be eligible for re-appointment.

        4.3       Qualification of Trustees. No person shall be qualified to hold a position as

                        Trustee unless:

a)      He/she is of sound mind;

b)      He/she has not been previously removed as a Trustee under the terms of the trust deed; and

c)      He/she has not been convicted of any criminal offence including dishonesty.

         4.4       Appointment of New Trustees. The filling of vacancies on the Board shall be carried out as follows:

a)      Subject to Clause 4.1, any vacancies in the Board shall be filled by the Board at its discretion.

                        4.5       Termination of Trusteeship. The Board may, by a motion decided by a two- thirds majority of votes, terminate a member’s membership of the Board if it believes that such action is in the best interest of the Trust.

         4.6       Name of Board. The name of the Charitable Trust shall be the “FOUNDATION FOR THE EDUCATION OF NEEDY CHILDREN IN FIJI  ie. Fenc. Fiji

5.      POWERS OF TRUSTEES

         5.1              Administration of Trust. The Board shall exercise all its powers and duties set out in this Deed and administer all the funds and resources at the disposal of the Trust subject to the provisions of the Charitable Trust Act and in accordance with the provisions of this Deed and in furtherance of the purposes and objects of the Trust as under Clause 3.

         5.2              General and Specific Powers.  In addition to the powers implied by the general law of Fiji or contained in the Trustee Act of Fiji, the powers which the Board may exercise to give effect to the purposes and objects of the Trust as provided in Clause 3 through ways and means as deemed appropriate by the Board, and in particular:

(a)                to mobilize funding contributions from organizations and individuals within Fiji; from Fiji people overseas; and from Fiji’s bilateral and multilateral assistance partners, including the organization of annual, nation-wide fund-raising activities;

(b)               to set priorities for the allocation of the resources of Fenc. Fiji for the specific purpose of providing educational and related support to children of the poorest of the poor families in Fiji;

(c)        to approve criteria and guidelines to be followed in identifying the beneficiary children, and establish the assistance activities and delivery modalities to ensure maximum possible outreach and impacts of the Fenc. Fiji operations;

(d)       to provide such financial assistance and scholarships on an annual basis for the education of children of the poorest of the poor families in Fiji;

(e)        to adhere to sound governance and accountability in the utilization of the funds raised and the resources at the disposal of Fenc. Fiji, and to be guided by principles of voluntarism i.e. to the maximum extent practicable, channel the assistance to be provided by Fenc. Fiji directly to the beneficiaries, through voluntary ways and means, and keeping administrative and overhead costs to the bare minimum;

(f)        to make such rules and regulations as it sees fit from time to time for the efficient and effective operation and management of Fenc. Fiji in all of its activities;

(g)        to do all things as may from time to time be necessary or desirable to enable the Board to give effect to and attain the charitable purposes of Fenc. Fiji;

(h)        to achieve the objects and purposes of Fenc. Fiji, the Board shall establish as its secretariat a National Organising and Management Committee, and make operational, administrative and organizational arrangements, both at the national and local levels, as it may consider necessary and appropriate;

(i)         to cause to set up a database of the children of the poorest of the poor to assist the Board in carrying out its powers under Clause 5.2 ( d );

(j)         to borrow and invest money when necessary for the furtherance of the purposes and objects of the Trust under Clause 3; and

(k)        to cause an annual program of activity to be organized to give effect to the objectives outlined in Clause 3.1 ( b )

            5.3       Employment.   Subject to advancing principles of voluntarism, the Board may from time to time, employ as agents, officers, staff, persons who are members of the Board or any other person( s ) as may be necessary to achieve the objects of this Trust under Clause 3 and / or to assist them in exercising their powers under Clause 5. The conditions and remuneration for such employment shall be determined by the Board.

6.      INCOME, BENEFIT OR ADVANTAGE TO BE APPLIED TO CHARITABLE PURPOSES

             6.1              Application.  Any income, benefit or advantage shall be applied to the charitable purposes of the Trust i.e.  Fenc. Fiji.

             6.2       Influence.  No member or person associated with a member of the Trust shall derive any income, benefit or advantage except where that income, benefit or advantage is derived from:

(a)        professional services to the Trust rendered in the course of business charged at rate(s) no greater than the prevailing current market rate(s); or

(b)        interest on money lent at rate(s) no greater than the prevailing current market  rate(s).

7.      PROCEEDINGS OF THE BOARD

7.1              Meetings.  The Board shall meet at such time and places as it determines, and

                        shall elect a Chairperson from amongst its members at its first meeting.

       7.2              Chairperson.  The Chairperson shall preside at all meetings of the Board at at which he or she is present. In the absence of the Chairperson from any meeting, the members present shall appoint one of their number to preside at that meeting.

       7.3              Quorum. At any meeting of the Board, three members shall form a Quorum and no business shall be transacted unless a quorum is present.  

       7.4              Voting.  All questions before the Board shall be decided by consensus. However, where a consensus decision cannot be reached on a question, it shall, unless otherwise specified in this Deed, be put as a motion to be decided by a majority of votes. If the voting is tied, the motion shall lapse.

       7.5              Reports.  The Board  shall report regularly on its activities to such entities as is is required by law and by those providing significant funding support to Fenc. Fiji including individuals, organizations and funding agencies. In particular, the Board shall prepare and present a detailed annual report for filing with the Registrar under the Charitable Trusts Act with a copy to the Attorney General of Fiji.

8.      ACCOUNTS

      8.1              True and Fair Accounts.  The Board shall ensure that proper accounts are kept to record all financial matters for each year, and shall disclose true and fair accounts of all money  received and expended.

      8.2              Audit.  The Board shall, within ninety (90) days or as soon as practicable after the end of every financial year of the Trust, cause the accounts of the Trust for that financial year to be audited by an accountant appointed for that purpose and the audited accounts shall be made available to the public including registration with the Registrar of Titles in accordance with the Charitable Trusts Act.

9.                  POWER TO DELEGATE

9.1              Power to Delegate. The Board may from time to time appoint any committee and may delegate any of its powers and duty to such committees and the committee, may without confirmation by the Board, exercise or perform the delegated powers or duties in like manner and with the same effect as the Board could itself have exercised or performed them.

9.2              Delegate Bound. Any committee to whom the Board has delegated powers or duties shall be bound by the charitable terms of the Trust.

9.3              Delegation Revocable.  Every such delegation shall be revocable at will, and no such delegation shall prevent the exercise of any power or the performance of any duty by the Board.

9.4              Special Provision for Overseas Affiliates. The Board shall make special provision to extend the status of an Affiliate to those organization (s) of Fiji people residing in overseas countries that will engage in raising funds to specifically support the activities in Fiji of Fenc. Fiji

10.  COMMON SEAL

10.1          The Trust shall have a Common Seal which shall be kept in the custody of the Secretary, or such other officer as shall be appointed by the Board and shall be used only as directed by the Board. It shall be affixed to documents only in the presence of and accompanied by the signature of two (2) members of the Board.

11.  INDEMNITY AND LIMITATION OF TRUSTEES’ LIABILITY

11.1          Where the Trustees take or omit any actions or incur any liabilities, they do so as Trustees of Fenc. Fiji and not in their personal capacities. No person(s) will have recourse to any property belonging to any Trustee which does not form part of the Trust;

11.2          No Trustee is liable for any loss incurred by the Trust not attributable to the Trustee’s own fraud, dishonesty, or willful commission by that Trustee of an act known to be breach of trust;

11.3          No Trustee shall be bound to take any legal action against any co-Trustee or former Trustee for any breach of trust committed by such person(s);

11.4           The Trustees of Fenc. Fiji are hereby fully and completely indemnified from the Trust for any personal liability which that Trustee may sustain in:

a)exercising or omitting to exercise any function, duty, or power of the Trustee, or

b)                  purporting in good faith, to exercise as Trustee, any function, duty or power which is not authorized or which may be a breach of this Trust, unless such loss or liability is attributable to such Trustee’s fraud or dishonesty.

12.  ALTERATION OF RULES

12.1          The Board may by consensus or pursuant to a motion decided by a two-thirds majority of votes, by supplemental Deed make alterations or additions to the terms and provisions of this Deed provided that no such alteration or addition shall:

(a)    take effect unless it is confirmed by resolution of at least a 75% majority of the Board of Trustees;

(b)   detract from the exclusively charitable nature of the Trust or result in the distribution of its assets on winding up or its dissolution for any purpose that is not exclusively charitable; or

(c)    be made to Clause 6 or 12 unless it is first approved in writing by the Fiji Islands Revenue and Customs Authority or its successor from time to time.

13.  DISPOSITION OF SURPLUS ASSETS

13.1          On the winding up of the Trust or on its dissolution by the Registrar, all surplus assets after the payment of costs, debts and liabilities shall be given to such exclusively charitable organization or organizations within Fiji of a similar nature to the Trust as the Board decides, to be used for exclusively charitable purposes, or, if the Board is unable or unwilling to make such a decision, shall be disposed of in accordance with the directions of the High Court of Fiji under the provisions of Part III of the Charitable Trusts Act.

IN WITNESS THIS Deed is duly executed.

SIGNED, SEALED AND DELIVERED by            )

TERESA APTED  in the presence of:                     )

Witness 

SIGNED, SEALED AND DELIVERED by                                    )

RATU JOLAME LEWANAVANUA in the presence of: )                      

Witness

SIGNED, SEALED AND DELIVERED by                        )

NAZHAT SHAMEEM in the presence of:              )

               Witness

SIGNED, SEALED AND DELIVERED by                        )

LORINE TEVI in the presence of:                           )

Witness