Five key tips for new charity trustees
New charity trustees may be about to enjoy a stimulating new involvement or find themselves walking into a minefield! To make sure yours feels more like the former:
1) Avoid walking unawares into personal financial liability
An important first step is to find out the legal structure of the charity. Whilst there are currently over 165,000 registered charities in England and Wales there are only four main types of charity, see info here.
Of these, the Charitable Incorporated Organisation (“CIO”) and the Charitable Company Limited by Guarantee are corporate structures where generally trustees are not personally liable for what happens. But even here, if things go wrong, trustees may soon face the risk of being named and shamed by the Charity Commission with an Official Warning.
As well as Official Warnings, trustees of Unincorporated Charitable Associations and Charitable Trusts can also be personally financially liable for what they and their charity does.
Some of these liabilities can be covered by insurance but you cannot insure against liability to the charity’s creditors should the charity run out of money while you are a trustee.
It is sometimes possible to bring the risk of trustees' personal liability to an end by incorporating the charity but this is far from straight forward.
2) Request an induction pack and weigh the response as a measure of the charity’s maturity, governance level and viability
Ideally new charity trustees should receive:
- a copy of the Governing Document or Constitution
- the latest Annual Report and Accounts
- the current budget and management accounts
- the Strategic Plan
- the names, home addresses and contact details of all your fellow trustees
- minutes of at least the last three trustee meetings
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