Statutory investigation under Part IV of the Charities Act 2009 - Solas-Galway Picture Palace Teoranta (RCN: 20068493)

02 March 2017 Press Releases

The Charities Regulator has commenced a statutory investigation into the affairs of Solas-Galway Picture Palace Teoranta, with the registered charity number 20068493. It is important to note that the opening of a statutory investigation is not in itself a finding of any wrongdoing.

In the public interest, the current policy of the Charities Regulator is to generally release a public statement whenever the Authority appoints an inspector to carry out a statutory investigation into a charity.

Issues have arisen in relation to the proper treatment of the charity’s assets in a commercial arrangement proposed with a new investor.

The Regulator met with some trustees of the charity in October 2016 and subsequently, on 17th November 2016, issued a direction to examine certain books, documents and other records of Solas-Galway Picture Palace Teoranta for the purpose of determining if inspector(s) should be appointed to investigate the affairs of the charity.

The entry on the public register of charities for Solas-Galway Picture Palace Teoranta can be found on the Public Regisiter of Charities.

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For more information contact: press@charitiesregulator.ie

 

NOTES TO EDITOR

The Charities Regulator

The Charities Regulator is an independent statutory authority, established on 16th October 2014 under the Charities Act, 2009. The key functions of the Regulator are to increase public trust and confidence in the management and administration of charities, ensure the accountability of charitable organisations to donors, beneficiaries and the public, establish and maintain a public register of charitable organisations operating in Ireland and ensure their compliance with the Charities Acts.

Part IV of the Charities Act, 2009

Part IV of the Charities Act, 2009 was commenced on 5 th September 2016 and gives investigative and protective powers to the Charities Regulator. The Charities Regulator may apply to the High Court to suspend or remove charity trustees or staff members and prohibit the removal or sale of charity property if it satisfies the High Court that:

  • charity property is being misused;
  • a charity trustee or staff member has engaged in misconduct or mismanagement of a charity’s affairs;
  • the provisions of the Act are not being adhered to

 

Public Statements Policy

In the public interest, the Charities Regulator generally will release a public statement whenever it opens a statutory investigation into a charity. The Charities Regulator will not release a statement if it considers that this would not be in the public interest, or if the charity’s trustees are not aware that an investigation is being opened.

The Charities Regulator will generally not comment on its regulatory work (outside of approved public statements) or provide updates or details about investigations, as to do so may prejudice due process and the outcome of its regulatory work.

The Charities Regulator will usually publish the Investigation Report on completion of any investigation unless the publication of same could interfere with or prejudice legal proceedings, due process or the effective outcome of any potential court action.

Further information including our Public Statements Policy.

Charity Trustees

The expression “charity trustees” is an umbrella term for the people who ultimately exercise control over - and are legally responsible for - the management of a charity. Charity trustees must act in the best interests of the charity. The exact title in each charity may be different depending on its legal structure, so for example if the charity is a company, the charity trustees are the directors and other officers of the company.

 

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