Resources for Trustees

A good understanding of the role and its responsibilities is essential and will naturally lead on to the exploration of other topics.

What is a Trustee?

‘I have just become a trustee what does the role involve and what are my responsibilities?’

‘Trustees are the people responsible for ensuring that an organisation has a clear strategy, that it remains true to its original vision, and that it complies with all necessary rules and legal obligations… You can think of a trustee as a guardian looking out for the organisation's best interests and promoting its aims in the wider world.

‘Trustees guide the organisation. They make sure it's heading in the right direction and doing what it was set up to do. Trustees shouldn't get involved in the detailed, day-to-day running of the organisation: that's the job of the chief executive and the management committee. Exceptionally, and especially in a small organisation, trustees may wear several hats - including those of chief executive or manager.’
– Governance Hub

‘Trustees have, and must accept, ultimate responsibility for directing the affairs of their charity, ensuring that it is solvent and well-run, and delivering the charitable outcomes for the benefit of the public for which it was set up…

Depending on the circumstances and the charity’s governing document, trustees may be personally liable for any debts or losses that the charity faces. However, personal liability of this kind is rare, and trustees who have followed the requirements summarised in this booklet will generally be protected.’
– Charity Commission, ‘The Essential Trustee: An introduction’

What is a trustee?

http://www.governancehub.org.uk/what_is_trustee.html

Nice, easy introductory material from the Governance Hub with further links- sections are:

THE GOVERNANCE HUB HAS NOW CLOSED AND THIS WEBSITE IS NO LONGER BEING UPDATED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

The Essential Trustee: An introduction (Jan 2007)

http://www.charity-commission.gov.uk/publications/cc3a.asp

“This leaflet is a summary of the main duties and responsibilities of charity trustees. The last three paragraphs apply especially to persons who are thinking of becoming charity trustees.”

The Essential Trustee: What you need to know (Feb 08)

http://www.charity-commission.gov.uk/publications/cc3.asp

This is a more comprehensive version of the above which goes into more detail and as the title suggests, is a must for anyone who is a trustee

‘Guidance from the Charity Commission for all who serve as trustees or directors on the governing body of a charity, or who are about to take up trustee responsibilities.’

  1. Foreword
  2. The charity framework in brief
    • What are charities?
    • Role of the trustees
    • Role of the Charity Commission
  3. Introduction
    • C1. What is this guidance about?
    • C2. ‘Must’ and ‘should’: what we mean
    • C3. Previous guidance
    • C4. Scope of this document
    • C5. Using this document
    • C6. Other sources of help and advice
    • C7. Some technical terms used
  4. Trustee duties at a glance
    • Compliance – trustees must:
    • Duty of prudence – trustees must:
    • Duty of care – trustees must:
    • If things go wrong
  5. Trustees and their responsibilities
    • E1. What should I do before I become a trustee?
    • E2. Trustees and directors – what’s the difference?
    • E3. Am I eligible to become a trustee?
    • E4. Who appoints new trustees?
    • E5. How long does the appointment of a trustee last?
    • E6. Can a trustee resign?
    • E7. Can trustees delegate their responsibilities?
    • E8. How do trustees make decisions?
    • E9. What do the Chair and Treasurer do?
    • E10. Can a charity’s property be held by someone other than the trustees?
  6. Compliance
    • F1. Do all trustees have to follow the same set of principles?
    • F2. Can trustees be paid for their duties?
    • F3. Can a trustee be employed by the charity?
    • F4. Must charities register with the Charity Commission?
    • F5. Do trustees have to keep accounts?
    • F6. Why are accounts and a report necessary?
    • F7. What guidance is there about accounts?
    • F8. Do charity accounts need external audit or scrutiny?
    • F9. What are charity trustees’ duties in relation to fundraising?
    • F10. What if the charity’s objects no longer serve a useful purpose?
    • F11. With what other laws and regulations must trustees comply?
  7. The duty of prudence
    • G1. What are the financial duties of trustees?
    • G2. What are the principles for trustees?
    • G3. What duties do trustees have towards charity property?
    • G4. What powers do charity trustees have when investing funds?
    • G5. What are Common Investment Funds and Common Deposit Funds?
    • G6. Can trustees buy land?
    • G7. Can trustees sell or lease land belonging to the charity?
    • G8. Can the charity borrow money on the security of its land?
  8. The duty of care
    • H1. What is the statutory duty of care?
    • H2. How often do trustees need to meet?
    • H3. How much time will be needed?
    • H4. What else do trustees need to think about?
  9. If things go wrong
    • I1. What are the liabilities of charity trustees?
    • I2. Can a charity insure trustees against personal liability?
    • I3. Can a charity be wound up?
  10. Further information and advice
    • J1. External organisations
    • J2. Key Charity Commission publications

Governance and Trusteeship –
Downloads, Briefings and Best Practice - Community Links Bromley

http://www.communitylinksbromley.org.uk/sai/governance.html#govbriefings

Links to information on some of the other main sites but also locally produced information sheets on a number of topics. The New trustees induction pack is particularly good, containing a wealth of information: