Resources for Trustees

Responsibilities and Liabilities

‘What am I responsible for and for what could I be held liable?’

Trustee Responsibilities

http://www.charity-commission.gov.uk/supportingcharities/trustee1.asp

Comprehensive description of the role and responsibilities of a charity trustee. Who can be one, what skills they might need, how do you find them, what they’re liable for and under what circumstances they can leave the role

“Many trustees are unaware that they are trustees. Lack of knowledge about the duties and responsibilities of charity trusteeship may not just affect the way in which the charity is run, but can also have personal consequences for the trustees themselves. They may not be called by that name. Anyone responsible for controlling the management and administration of a charity are its trustees.”

Introduction
Who are the trustees of a charity?
What are custodian trustees?
Nominated Trustees
Incorporated Trustees
Disqualification - Can anyone be a trustee?
Appointing a Trustee
What skills are needed from the new trustee?
How do you find a new trustee?
How do you know whether someone is suitable?
Appointing the New trustee
Induction for a new trustee
What help can the Charity Commission offer to a new trustee?
Ending Trusteeship
Introduction
When can an individual trustee be removed from acting as a charity trustee?
When should a trustee retire?
How does a trustee resign?
What should the remaining trustees do when a trustee leaves office?
Trustee's Liability
Introduction
Contractual Liability
Liability for breach of trust
Other types of liability
Powers of trustees relating to amendments and borrowing
Amending a Governing Document
Why change the governing document?
How can charities make an alteration?
Borrowing Money
Introduction
Mortgages
Unsecured Loans

Reducing the Risks - A Guide to Trustee Liabilities

http://www.governancehub.org.uk/resources/

Liability is one of the main anxieties people have about becoming a trustee, this Governance Hub document is a readable and easy to understand guide that covers the broad areas of risk without intending to be an exhaustive list.

“This revised edition of Reducing the Risks provides unambiguous information on trustee liability, dispels some of the myths around this issue, offers practical advice on assessing and minimising the risks associated with trustee liability, provides examples and case studies of risk and how to avoid it, signposts readers to additional information and support.”

Section 1 Defining trustees and their liabilities
Introduction
What is personal liability?
Who is a charity trustee?
Where do liabilities come from?
Section 2 Understanding trustee liabilities
Trustee duties
Liability for breaches of trustee duties
Liabilities as a director
Managing governance liabilities
Section 3 Understanding operational liabilities
Liability for operational risks
Liabilities to staff and volunteers
Managing organisational liabilities
Insurance
What to do when worried about liability
Appendix 1 Jargon and definitions
Appendix 2 Suggested material for trustee induction pack
Appendix 3 Sources of further information

THE GOVERNANCE HUB HAS NOW CLOSED AND THIS WEBSITE IS NO LONGER BEING UPDATED

Work is underway to ensure the transition of Governance Hub resources to NCVO's Governance and Leadership 'askNCVO' pages, which can be found at www.ncvo-vol.org.uk/askncvo/

In the meantime, If you find you are unable to download a particular publication from the Governance Hub site, you can email governance.temp@ncvo-vol.org.uk and they will send you the document in PDF form

Northern Ireland Council for Voluntary Action –
Good Governance: A Guide: Chapter 4- Guarding against liability

http://www.nicva.org/index.cfm/section/publications/key/954BF41F-B0D0-7815-0F4FD270FB6F35A0

This Chapter is very readable and gives lots of practical examples as illustrations. Again, bear in mind Northern Ireland charity law may differ from that in England and Wales