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HomeCorporations CodeCh. 1Art. 4§ 7142 Charitable Trust Enforcement Actions

§ 7142 Charitable Trust Enforcement Actions

Corporations Code·California
AI Summary·Official Text·Key Terms·Related Statutes·References
AI SummaryVerified

§ 7142 Charitable Trust Enforcement Actions

Key Takeaways

  • •If a company is holding money or stuff for charity, certain people can sue to fix problems if the company isn't doing it right.
  • •People who can sue include the company itself, its bosses, or even someone who has a special interest in the charity money.
  • •The Attorney General (a big government lawyer) must be told about the lawsuit and can join in.
  • •A court can stop a bad deal the company made, but only if everyone involved in the deal is part of the lawsuit or if it’s fair to do so.

Example

A company is supposed to use money to help sick kids, but instead, the boss uses it to buy a fancy car.

Someone who cares about the charity money, like a director or even the Attorney General, can sue to make the boss give the money back to help the kids.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 7142 Charitable Trust Enforcement Actions

(a) Notwithstanding Section 7141, in the case of a corporation holding assets in charitable trust, any of the following may bring an action to enjoin, correct, obtain damages for or to otherwise remedy a breach of the charitable trust: (1) The corporation, or a member in the name of the corporation pursuant to Section 7710. (2) An officer of the corporation. (3) A director of the corporation. (4) A person with a reversionary, contractual, or property interest in the assets subject to such charitable trust. (5) The Attorney General, or any person granted relator status by the Attorney General. The Attorney General shall be given notice of any action brought by the persons specified in paragraphs (1) through (4), and may intervene. (b) In an action under this section, the court may not rescind or enjoin the performance of a contract unless: (1) All of the parties to the contract are parties to the action; or (2) No party to the contract has, in good faith, and without actual notice of the trust restriction, parted with value, under the contract or in reliance upon it; and (3) It is equitable to do so. (Amended by Stats. 1979, Ch. 724.)

Last verified: January 23, 2026

Key Terms

charitable trustbreachAttorney Generalrescind or enjoingood faith

Related Statutes

  • § 5142 Charitable Trust Enforcement Actions
  • § 7240 Charitable Trust Oversight
  • § 12310 Cooperative Corporation Articles Requirements
  • § 12310.5 Worker Cooperative Election
  • § 12311 Cooperative Name Requirements

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Corporations Code. Section 7142.
View Official Source