A charitable trust is a legal instrument where the donor signs over assets to a third party, known as a trustee, for the benefit of a charity and anyone else the donor specifies. This provides tax benefits for the donor, and also allows the donor to have control over how assets are distributed.
What is the role of a trustee in a charity?
Charity trustees are the people who share ultimate responsibility for governing a charity and directing how it is managed and run. They may be called trustees, the board, the management committee, governors, directors or something else.
How many trustees should a charity have?
The voluntary Charity Governance Code suggests a board of at least five but no more than twelve trustees is typically considered good practice. A review of trustee board size might lead some charities to change their governing document.
Who should be a charity trustee?
You must be at least 16 years old to be a trustee of a charity that is a company or a charitable incorporated organisation (CIO), or at least 18 to be a trustee of any other charity. You must be properly appointed following the procedures and any restrictions in the charity’s governing document.
Can family members be trustees of a charity?
Trustees can only benefit from their charity where there is an explicit authority in place before any decision conferring trustee benefit is made. … employ a trustee’s spouse or other close relative at the charity (or at the charity’s subsidiary trading company)
Who Cannot be a charity trustee?
Individuals are already automatically disqualified as charity trustees if they have unspent convictions for offences of dishonesty or deception (the same goes for attempting, aiding or abetting these offences). A spent conviction doesn’t disqualify anyone – the disqualification only applies to unspent convictions.
Do trustees of charities get paid?
Generally, charities can’t pay their trustees for simply being a trustee. Some charities do pay their trustees – they can only do so because it’s allowed by their governing document, by the Charity Commission or by the courts.
How long can you be a trustee of a charity?
The Commission endorses the recommended good practice set out in the Charity Governance Code that there should be a time limit of 9 years on trustee tenure. However, charities must develop their own policies in line with the requirements of their governing documents.
What skills do charity trustees need?
These might include:
- ‘hard’ skills such as legal or financial knowledge.
- ‘soft’ skills such as team working or negotiation.
- knowledge of the community or services the organisation provides.
Can a charity have 2 bank accounts?
If charities do operate more than one bank account, in order to discharge their duty to protect charity property and ensure its proper use, the trustees must ensure they know about their existence, how many accounts there are, the account details, who has access to them, and the arrangements for monitoring and checking …
What are the legal obligations of a trustee?
The trustee acts as the legal owner of trust assets, and is responsible for handling any of the assets held in trust, tax filings for the trust, and distributing the assets according to the terms of the trust. Both roles involve duties that are legally required.
Are trustees financially liable?
If charity trustees fail to meet their obligations and they have either acted dishonestly and/or unreasonably, they can be held personally liable and required to compensate their charity for any financial loss caused.