11th of September 2008

44 Para Regt Trust

1.    Proposal:
Setting up an Inter Vivos Trust to promote the proud traditions of the Unit, to serve as (i) the scribe to records the Units’ proud history and (ii) to preserve its heritage artefacts as donated from time to time by its members.

It is envisaged that an national umbrella trust be created, with trusts within the  trust to allow for some independence to accommodate the individual character     existing between LAARSA and Canopy “chapters”, whilst retaining proper     checks and controls to ensure mutual continuity of the overall goals. (As trusts specialist we have more than enough experience to structure such idiosyncrasies)

2.    Why bother to form such a trust?
The members of 44 Para represent a proud past military culture that will sadly soon be lost for the future generations given that the current military authorities clearly places no importance on preserving that proud history.  But also we, who served and created that proud culture and history, are growing old and we all remember what happened to the last old MOTH… if at his age he could still remember that he ever was in a war!

Therefore and if we consider it important enough to preserve, we the current custodians of that proud heritage need to stand in the door and do something that will ensure that our legacy lives on for our sons to appreciate.

In fact, most of the old regiments such as CTH, CLI etc. long ago created such trusts to protect and preserve their proud history and culture by preserving unit heirloom, hold regular traditional events and promote various initiatives within that fold.

A trust is the most relevant and practical vehicle that will serve that end.

The trust mechanism allows a more disciplined structured vehicle than the current more informal social groupings which often peter out should there be a break in availability of those at the helm.

As it is a deemed legal entity and as the proposed Firearm Amendment Bill  allows for trusts to own firearms, and as 44 Para after all reflects amongst others  the tools of the trade, it would now be able to licence firearms as custodian of a closed fraternity instead of trying to be a public museum.  (With myself being  chairman of an accredited firearm collecting association and deeply involved with negotiations with all role players at national level, I would be able to greatly assist in this regard)

3.    Why involve everyone and not simply allow everyone to go its own route?
To ensure continuity exactly for the very real probability that all social interest groups sooner or later fall foul of a lack of continuity in its leadership with the resulting loss of its heirloom.  It is a given that 80% of those involved simply go  along for the ride and will never shoulder the burden of vision to ensure continuity.  In a networked environment the central trustees in this case will always stand in the door to pick up the pieces. It would then call for the defunct chapters’ heirloom to be safe guarded till it once again can resurrect itself.

The reason for our existence is also changing.  To date most of the interest groups involved operated mostly along a one dimensional mostly social level whilst the heritage aspect increasingly became relevant and other common needs started crystallizing as our playing field evolved under a changing socio-political milieu.

4.    What is an Inter Vivos Trust?
An Inter Vivos Trust other than a Mortis Causa trust are formed by living persons to promote/secure a certain aim, either for a limited term or open ended.

It is a deemed legal body created under the Income Tax Act and Trust Property Control Act and resides under the auspices of the Master of The Supreme Court.

It is formed by a Founder normally with a nominal donation of R100,00.  In this case one would allow for a once of “subscription” of a nominal amount by everyone involved to create some operating capital to start with.

 A Trust Deed sets out the “rules of engagement” covering who will run it (Trustees), for whose benefit is will run (In this case past and present members of C Coy 44 Para), and what it is it will take care of (assets of capital and income nature, more specifically donated artefacts and such), and what the checks and controls will be to ensure compliancy to the trust deed’s intentions.  (Therein lies the secret to formulate all the ifs and what’s to ensure that the Trust meets its challenges)

The trust deed is then submitted to The Master who will issue a Trust  Certificate which serves as the “identity document” or founding statement.

In this case we would also apply to SARS to be declared exempt of income tax as a non profitable entity.

Many practical factors and aspects apply that could affect the continuity of the trusts’ viability.  As it depends on circumstantial variables, I will gladly field any questions that might arise.

5.    How do we proceed from here?
A meeting can be scheduled to which all interested parties are invited, at which meeting a resolution are passed by those present to form the trust and   instruction given to set it up.  If necessary a teleconference can be hosted to accommodate far flung chapter “stick leaders”.  

6.    Is it as simple as that?
Yes and no.

The negatives/challenges are of a more practical nature;

1. Putting in place knowledgeable trustees who enjoy the trust of those involved.
2. Securing safe storage or premises on which to carry out the business of the day.
3. Proper recorder inventory of all donated artefacts also digitally captured and illustrated on the web site for all to appreciate.  Hopefully preventing theft losses such as Ozzie Baker’s stolen smock etc.  
4. Ensuring the continual involvement of all concerned to ensure the viability of the trust as often such trusts start off with grandiose ideals, but flounders when those who drive it part.
   

It is imperative that we think outside our current prejudices and alliances to promote the bigger picture.

I trust that I was able to explain the gist of what is involved.  Feel free to e-mail me any questions at above address.

For further details contact: SF Fourie at (021) 946 1712 or mail This e-mail address is being protected from spam bots, you need JavaScript enabled to view it .