Unincorporated Charity and Trust Meetings and Decisions
Use this section to record the decisions of the trustees of an unincorporated charitable association or a charitable trust. An unincorporated charity has no legal identity separate from its trustees, so the trustees act, contract and hold property in their own names. Clear minutes showing what was decided, by whom and on what basis are the trustees' best evidence that they acted properly. The Charity Commission expects charities of every size to keep them.
How are meetings and written decisions recorded?
The Unincorporated Charity: Trustee Board Minutes – Ordinary Meetings is a general template for a routine trustees' meeting of either type of charity. Trustees can decide matters in writing between meetings only if the governing document allows it. Written decisions typically require the agreement of all trustees. The Trustees' Approval by Written Resolution: Unincorporated Charitable Association and the Trustees' Approval by Written Resolution: Charitable Trust record such decisions.
How are committees and signing authority dealt with?
Trustees can set up a committee to deal with particular matters if the governing document permits it, but responsibility remains with the trustees as a body. The Board Minutes – Appointment of Trustee Committee by Trustees of Unincorporated Charitable Association and the Board Minutes – Appointment of a Committee by Trustees of a Charitable Trust record the appointment and its terms. Because the charity cannot sign for itself, the Trustees' delegation of signing authority (unincorporated charity) records which trustees or officers are authorised to sign documents on behalf of the trustees.
- Unincorporated Charity: Trustee Board Minutes – Ordinary Meetings
- Trustees' Approval by Written Resolution: Charitable Trust
- Trustees' Approval by Written Resolution: Unincorporated Charitable Association
- Trustees’ delegation of signing authority (unincorporated charity)
- Board Minutes – Appointment of a Committee by Trustees of a Charitable Trust
- Board Minutes – Appointment of Trustee Committee by Trustees of Unincorporated Charitable Association
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Frequently Asked Questions
Only if your governing document allows it, and the norm for written decisions of unincorporated trustees is agreement of them all. Trust deeds are often stricter than association constitutions, some require decisions at meetings unless the deed says otherwise, so check before relying on the written route. This section provides separate written resolution templates for a charitable trust and for an unincorporated charitable association, reflecting the differences between their respective constitutions.
Usually yes, if your governing document permits committees, and the appointment should be minuted with membership, remit and reporting duties. In an unincorporated charity the committee acts under the trustees' authority; responsibility stays with the trustee body, and liability follows the trustees rather than the committee. Separate templates here cover committee appointment by trustees of a charitable trust and by an unincorporated charitable association, with the wording in each adapted to its structure.