Question 1

We are a small unincorporated charity. Do we really need formal minutes?

Accepted Answer

Yes, arguably more than an incorporated charity does. An unincorporated charity has no separate legal personality: trustees act personally and carry personal liability, so the minute recording who decided what, on what basis, is your main protection if a decision is later questioned. The Commission expects decision records from every charity regardless of size. The ordinary meeting minutes template here is deliberately light enough for a volunteer secretary to keep up.

Question 2

Can trustees of a charitable trust or association decide things in writing between meetings?

Accepted Answer

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 sub-folder provides separate written resolution templates for a charitable trust and for an unincorporated charitable association, reflecting the differences between their respective constitutions.

Question 3

Who can sign contracts and documents for an unincorporated charity?

Accepted Answer

The trustees themselves: with no legal personality, the charity cannot sign, so trustees contract personally on its behalf. Boards commonly authorise one or two trustees to sign routine documents, recorded in a delegation of signing authority minute naming the individuals and limits. Remember the signers bind themselves and their co-trustees, so keep delegations narrow and reviewed. For property and long-term commitments take advice; incorporation may be worth considering. The delegation template here covers the recording.

Question 4

Can we set up a sub-committee to run part of our charity's work?

Accepted Answer

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.

Board Minutes/Resolutions for Charities: Unincorporated Charity

Frequently Asked Questions