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Appointment Of Charity Trustees
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I would just like to record our thanks for your prompt & helpful advice and the speed with which you dealt with our charity application. Many Thanks
F.M
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Qualifications Required For Charity Trustees
In order to be eligible to act as a charity trustee an individual must:-
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Be over 18 years – children over 16 years can be appointed as Directors of a charitable company – though care is needed. Children are not always liable for the consequences of their actions which may sometimes pass to their parents. Trustee indemnity insurance may not cover minors. |
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Be eligible under the terms of the Charities constitutional trust document – for example, some governing documents may debar appointment of those subject to mental health restrictions. |
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Not have been disqualified from acting either by a previous order of the Charity Commission or subject to disqualification as acting as a company director (whether or not the charity is to be a limited company) including:- |
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Un-discharged bankrupt |
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Convicted of a serious criminal offence |
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Repeatedly failed to comply with the law relating to companies |
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Been subject to a BERR investigation |
The Charity Commission do undertake checks on those intending to act as Trustees and acting whilst disqualified is unlawful – although it is possible to apply to the Charity Commission for special permission – if the circumstances warrant this.
Tips when recruiting charity trustees include:-
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Ensure that all prospective trustees are made aware of the classes of individuals who may be disqualified. |
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Ensure that a specification of the skills required to administer the trust are established (eg financial, fundraising etc) |
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Make sure that your board of trustees collectively
have the range of expertise necessary to supervise all of the functions of the charity - operational, financial and regulatory issues |
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Ensure that all trustees are fully trained as to their responsibilities and fully understand the level of time commitment required to properly fulfil their obligation. |
Lawson Lewis Blakers are able to help with training charity trustees and run a programme of seminars of topical interest to all those involved in the Charity sector. We are also able to advise charities/trustees facing regulatory issues (e.g. from the Charity Commission)
We are able to offer specialist advice.
Call 01323 720142 now for a consultation with a specialist Solicitor or a Lawyer at Lawson Lewis Blakers.
Please contact:
Lucy Robinson (Eastbourne) (01323) 720142 - E-mail
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