Page 37 - Trust Master Funding Agreement

f) the Academy Trust has passed a resolution for its winding up; or
g) an order is made for the winding up or administration of the Academy Trust.
6.3 The Academy Trust must promptly notify the Secretary of State, with an explanation of the circumstances, after receiving any petition which may result in an order for its winding up or administration.
6.4 If
a) any Charity Trustee or member of the Academy Trust refuses to consent to any checks required under this Agreement, or as otherwise requested by the Secretary of State; or
b) the Secretary of State determines that any Charity Trustee or member of the Academy Trust is unsuitable,
the Secretary of State may:
i. direct the Academy Trust to ensure that the Charity Trustee or member resigns or is removed within 42 days, failing which the Secretary of State may serve a Termination Notice; or
ii. serve a Termination Notice.
6.5 For the purposes of clause 6.4 a Charity Trustee or member of the Academy Trust will be “unsuitable” if that Charity Trustee or member:
a) has been convicted of an offence;
b) has been given a caution in respect of an offence;
c) is subject to a relevant finding in respect of an offence; or
d) has engaged in relevant conduct,
as a result of which, the Secretary of State considers that that Charity Trustee
or member is unsuitable to take part in the management of the Academies.
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