Public Benefit and Charitable Class
Document Type
Book Chapter
Publication Date
2022
Abstract
From the Publisher
Chapter 3
This chapter explores whom a charity is legally required to benefit through the lens of the charitable class requirement. It first details how that requirement relates to but does not completely overlap with the public benefit requirement and the private benefit prohibition, both of which apply to all charities. It then discusses the parameters that define the required charitable class that a charity must benefit. Those parameters are indefiniteness and any limits that flow from the specific charitable purpose furthered by the charity. As the chapter details, legal authorities often struggle with whether certain common ties among beneficiaries, including family relationships, a common employer, and membership in a non-charitable organisation, may violate the charitable class requirement. The chapter concludes by discussing what specific limits on beneficiaries may be inconsistent with the charitable class requirement and therefore an organisation's status as a charity.
Recommended Citation
Mayer, Lloyd H., "Public Benefit and Charitable Class" (2022). Book Chapters. 120.
https://scholarship.law.nd.edu/book_chapters/120
Publication Information
in Charity Law: Exploring the Concept of Public Benefit 94 (Daniel Halliday & Matthew Harding eds., 2022).