Download The Property Handbook - Presbyterian Church of ...
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PAGE ›› 19<br />
THE PROPERTY HANDBOOK<br />
SECTION 02<br />
Borrowing by parishes<br />
Trustees’ discretion<br />
All borrowing is at the absolute discretion <strong>of</strong> the <strong>Church</strong> <strong>Property</strong> Trustees. This includes<br />
a capacity to vary the routine conditions in exceptional circumstances, including the<br />
refusal <strong>of</strong> authorisation <strong>of</strong> applications.<br />
Limits on borrowing<br />
• Maximum <strong>of</strong> 50% <strong>of</strong> the cost <strong>of</strong> a project may generally be borrowed.<br />
• Loans on low or nil interest are included in this condition.<br />
• <strong>The</strong> borrowing term is limited to a maximum <strong>of</strong> 15 years.<br />
Why there are limits<br />
• To ensure wide parish buy-in to proposals.<br />
• To ensure current parish members do not overburden future members.<br />
• To prevent over-commitment.<br />
Required approvals<br />
• Whole-hearted congregational support <strong>of</strong> the proposed borrowing, including formal<br />
voting <strong>of</strong> 80% support at the relevant congregational meeting.<br />
• Formal presbytery/UDC endorsement <strong>of</strong> the proposal to borrow.<br />
• Presbytery/UDC assessment <strong>of</strong> the viability <strong>of</strong> the proposal, including capacity to<br />
service the borrowing.<br />
Urgent proposals<br />
In exceptional circumstances, the Trustees will consider urgent proposals, under<br />
stringent conditions. Contact the Secretary to the Trustees for details.<br />
Legal issues<br />
Your solicitor will prepare a Memorandum <strong>of</strong> Mortgage. It will include a clause limiting<br />
liability to the property over which the loan is secured. It should read something like this:<br />
“<strong>The</strong> liability <strong>of</strong> the Trustees under the terms <strong>of</strong> this Memorandum <strong>of</strong> Mortgage shall be<br />
limited to the property as set out in the schedule hereto, and shall not constitute a debt<br />
payable by the Trustees or their successors in <strong>of</strong>fice out <strong>of</strong> any other fund or property.”