Charities trustees hold a position of trust and are subject to a range of legal responsibilities towards the organisation.
- Under English Law trustees' duties are a mix of common law duties and specific duties set out in the Charities Act 2011 and any associated legislation.
- They must act at all times in the best interest of the charity's charitable purposes.
- The must protect and ensure the correct application of charities funds and assets.
The Trustees of charitable companies (charities registered with companies house, usually limited by guarantee) have the usual general duties of company directors as well as additional duties of charity trustees.
General duties are;
- Act within the charities constitution
- To promote the success of the company in achieving its charitable purpose.
- To have independent judgement.
- To have independent judgement, care and diligence.
- To avoid conflicts of interest.
- Not to accept benefits from Third Parties.
Charitable Incorporated Organisation (CIO) trustees' duties include all of the general charity duties as well as;
- Must look to further the CIO's charitable purpose.
- Act reasonably with any specialist knowledge or experience the trustee has.
Trustees key responsibilities;
- Promote the charities purpose and delivery of services for the public benefit.
- Governance (to act in accordance of the governing body of the organisation).
- Strategic direction of the charity.
- Safeguarding and correct use of all charitable resources.
- Financial management and solvency.
- Compliance with the charity's constitution, charity law and regulatory obligations.
- Public accountability of the charity.
- Identification and correct management of conflict of interests.
- Risk Management
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*This post simply acts as a guide and does not replace seeking legal advice.