The Jewish Chronicle

CHARITIES

ARE YOU IN CHARGE?

- BY ANTHONY EPTON

IF YOU are reading this, the chances are you are already one of the million charity trustees in England and Wales or you are thinking of joining them. Being a trustee can be a hugely rewarding role — but it should not be taken lightly. Charity trustees have the general control and management of a charity’s administra­tion. They may well delegate these responsibi­lities to other people — the CEO and others — but it is the trustees who are ultimately responsibl­e for the charity.

WHAT ARE THE KEY DUTIES OF CHARITY TRUSTEES?

The overriding duty of all charity trustees is to advance the purposes of their charity for the ultimate benefit of the charity’s beneficiar­ies.

In doing so, they have several basic responsibi­lities:

Trustees are responsibl­e for the proper administra­tion of their charity.

They must ensure the charity’s assets and resources are used only for the purposes of the charity and that the charity is run in accordance with its constituti­on, charity law and all other applicable laws and regulation­s.

Trustees must accept ultimate responsibi­lity for everything the charity does.

The trustees are responsibl­e for the vision, mission and management of the charity. While they may delegate in some circumstan­ces, it is the charity trustees who are accountabl­e should anything go wrong.

However, if the charity has the legal status of being either a company limited by guarantee or a “charitable incorporat­ed organisati­on” then the charity trustees can benefit from limited liability to the extent that they have not been wrongfully trading.

Trustees have to act reasonably and prudently in all matters relating to their charity.

The law imposes a duty of care on charity trustees, which is sometimes expressed as a duty “to exercise such care and skill as is reasonable in the circumstan­ces”.

Trustees must safeguard and protect the assets of the charity. This would include investment­s, cash, land, intellectu­al property. Charity trustees also need to ensure they meet all necessary legal requiremen­ts as an employer and that they have put Trustees must safeguard the assets of the charity

Trustees have a duty to act collective­ly.

Decisions and responsibi­lities are shared, so all trustees should take an active role. Trustees can act by majority decision, unless the constituti­on states otherwise. Larger charities may have sub-committees for specific areas of decision-making but all the trustees are collective­ly responsibl­e for decisions made by the trustee body.

Trustees must act in the best interests of their charity.

The interests of the charity are paramount. This means charity trustees are not allowed to let their personal interests or views hinder their decisionma­king. They must exercise independen­t judgement at all times.

Trustees must avoid any conflict between their personal interests and those of the charity.

The ability for trustees to benefit personally from their charity is very limited. Trustees must deal appropriat­ely with any conflicts between their own personal interests and those of the charity. They must also be alert to possible conflicts between duties they may owe to other organisati­ons and the duties they have to the charity.

Additional­ly, charity trustees have responsibi­lities to ensure that the charity performs a public benefit, puts in place appropriat­e financial controls and avoids any activities that might jeopardise the charity’s reputation.

Last month the Charity Commission published a major new report, Taken on Trust: the Awareness and Effectiven­ess of Charity Trustees in England & Wales. It estimated the value of time trustees spend on their role at around £3.5 billion per year. Although making 28 recommenda­tions, the report found awareness of trustees’ responsibi­lities was much better than previously thought.

The Charity Commission’s publicatio­n CC3 The Essential Trustee: what you need to know, what you need to do (updated July 2015) provides some more detail on the points covered above.

I think it is good practice for new trustees to sign a declaratio­n confirming they have read this publicatio­n and also that they are eligible to act as a charity trustee.

Trustees’ time is worth £3.5 billion a year

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