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Charity Trustees: Miscellaneous

Charity Trustees: Miscellaneous

Charity Trustees: Miscellaneous is part of Corporate. Just £38.50 + VAT provides unlimited downloads from Corporate for 1 year.

Frequently Asked Questions

What paperwork should a new trustee complete before their first meeting? +
Three documents, ideally before appointment is confirmed: an eligibility declaration confirming they are not disqualified, a fit and proper persons declaration protecting the charity's tax reliefs and acknowledgement of the trustee code of conduct if you have one. Give them the trustee duties guidance note to read alongside. This makes the appointment defensible and the induction real. All four documents are in this sub-folder or signposted from it.
Who has to pass HMRC's fit and proper persons test and what happens if someone does not? +
Everyone who counts as a manager: trustees and anyone able to determine how the charity spends its money, including senior staff. The test protects tax reliefs, if a manager is not fit and proper, and the charity cannot show it took care, HMRC can refuse or claw back reliefs such as Gift Aid. In practice you evidence care by having each manager sign the declaration when appointed. The guidance note and declaration form here cover the test and the paper trail.
When do we need the trustee eligibility declaration form? +
At two moments: when registering the charity, the Commission requires trustees to declare eligibility and responsibility as part of the application, and whenever a new trustee is appointed afterwards, where a signed declaration is best practice evidence that you checked. Keep signed declarations with the trustee's record. The registration-style declaration form in this sub-folder mirrors what the Commission expects, so one document serves both moments.
What should a trustee code of conduct include to be useful rather than decorative? +
Behavioural commitments a board can actually enforce: preparation and attendance, confidentiality, declaring conflicts, speaking with one voice after decisions, respect in debate and how breaches are raised. Avoid restating legal duties at length, the guidance note covers those, and keep it to two or three pages. Adopt it by resolution and revisit annually. The Code of Conduct for Charity Trustees here follows that shape and adapts to any structure.
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