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General

  • Charity Trustees - Guidance

    The regime governing charities has been progressively tightened up over the years, making the sort of scandals that were once not uncommon much more of a rarity. This means that trustees now have to adopt a more professional attitude to the management of a...
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    Most claims for damages are claims for damages or losses which have actually happened. For example, if a lorry mounted the pavement and smashed a garden wall, the claim would be for the cost of restoring the wall to its former condition. The law relating to...
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    Most people require credit at some time, whether it is in the form of a credit card, a loan or an overdraft. However careful you are, it is possible to find yourself blacklisted for credit purposes. When you apply for credit, the lender...
  • Faulty Goods: Know Your Rights

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    With the practice of fraud by impersonation becoming ever more frequent, clients are advised to take precautions to prevent being taken for a ride by thieves. Sorting out the problems caused by impersonation fraud can be an arduous and stressful procedure....
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    Further protection for consumers from unfair selling practices has been introduced from 2008. This should help to reduce the litany of complaints of sharp practice that abound in some areas of trade. The Unfair Commercial...
  • Risks for Trustees

    Being a trustee isn't just for professionals or people "minding the family assets". It is common for people from all walks of life to become trustees of local charities, schools and the like. Usually, the trust deed contains a clause which protects...
  • Undue Influence A Clarification of the Law

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    We often hear of problems associated with package tour holidays and customers' attempts to gain compensation. It is important, therefore, to know what is and what is not a package tour for the purposes of working out who is responsible if things go badly...

Charity Trustees - Guidance

The regime governing charities has been progressively tightened up over the years, making the sort of scandals that were once not uncommon much more of a rarity. This means that trustees now have to adopt a more professional attitude to the management of a charity’s affairs than was necessary in the past.

The Charity Commission has published guidance for the trustees of charities. This states that they must:

  • have and accept ultimate responsibility for directing the affairs of the charity and ensure that it is, and remains, solvent and well-run and that it delivers the charitable outcomes for which it has been set up;
  • ensure that the charity complies with charity law and with the requirements of the Charity Commission as regulator – in particular to ensure that the charity prepares reports on what it has achieved and annual returns and accounts as required by law;
  • ensure that the charity does not breach any of the requirements or rules set out in its governing document and that it remains true to the charitable purpose and objects set out therein;
  • comply with the requirements of other legislation and other regulators (if any) which govern the activities of the charity;
  • act with integrity and avoid any personal conflicts of interest or misuse of charity funds or assets;
  • use charitable funds and assets reasonably and only in furtherance of the charity’s objects;
  • avoid undertaking activities that might place the charity’s endowment, funds, assets or reputation at undue risk;
  • take special care when investing the funds of the charity, or when borrowing funds for the charity to use;
  • use reasonable care and skill in their work as trustees, using their individual skills and experience as needed to ensure that the charity is well-run and efficient; and
  • consider getting external professional advice on all matters where there may be material risk to the charity, or where the trustees may be in breach of their duties.
For more detail see the Charity Commission website.

Charity Trustees - Guidance

The contents of this article are intended for general information purposes only and shall not be deemed to be, or constitute legal advice. We cannot accept responsibility for any loss as a result of acts or omissions taken in respect of this article.
The contents of this article are intended for general information purposes only and shall not be deemed to be, or constitute legal advice. We cannot accept responsibility for any loss as a result of acts or omissions taken in respect of this article.