Charity Company Limited by Guarantee: Trustee/Director Consent to Act

Consent of Director to Act (Trustee/Director of Charity Company Limited by Guarantee)

CO.CHA.34

The Companies Act 2006 as amended by the Small Business, Enterprise & Employment Act 2015 requires a charity company limited by guarantee to make a statement to Companies House that a person newly appointed as a director (i.e. a new trustee of the charity) has consented to act as a director. Companies House will then follow up by writing to the new director, confirming that their appointment has been filed on the public register and explaining their statutory general duties as a director to them.  

This Consent of Director to Act (Trustee/Director of Charity Company Limited by Guarantee) template has been drafted with the above Companies Act requirement in mind and should be used by a charity set up as a charity company limited by guarantee to confirm that the proposed director is a fit and proper person as well as providing the charity with written comfort that the director has in fact consented to act and therefore allow the charity to make the required statement to Companies House.

The template also contains confirmations by the director to the board of directors/trustees specific to his appointment as a director of a company which is a charitable company. The references to the Articles of Association of the Company assume that the Company’s Articles are in the form of the Charity Articles of Association template which is also in this subfolder.

This template has been drafted as a letter addressed to the charity and will make a useful addition to a charity’s internal housekeeping records.

This document is in open format. Fields should be completed and wording in square brackets is optional and can be deleted or retained according to requirements.

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