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Trustees, Members and Governing Rules

This section covers the people who run and own a charity and the rules that govern them. It is relevant to anyone who is a charity trustee, is thinking of becoming one, administers trustee appointments and resignations or needs to change the charity's governing document.

What is the difference between trustees and members?

Trustees are the people responsible for running the charity and making its decisions. In a charitable company they are also its directors. Members, in a charitable company or a charitable incorporated organisation (CIO), are the people who own the organisation in the sense that they vote at general meetings, typically elect the trustees and must approve changes to the governing document. In some charities the trustees are the only members; in others there is a wider membership. The sections below keep the two roles separate so that you can find the right documents for each.

How are the sections organised?

The first four sections deal with trustees: their duties and eligibility, appointing and accepting resignations from trustees of charitable companies and CIOs, managing conflicts of interest and trustee conduct and the Companies House identity verification requirements that apply to the trustees of a charitable company.

The next two deal with members of a CIO and members of a charitable company: joining, leaving and certificates of membership.

The last three contain the resolutions for changing a governing document, with a separate section for a CIO, a charitable company and an unincorporated charity or trust, because each follows a different route and some changes need the Charity Commission's consent.

Trustee meetings, minutes and written resolutions are in the Meetings and Decisions section. Registers of trustees and members are in the Records, Reporting and Compliance section.

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Frequently Asked Questions

Who can legally become a trustee of our charity? +
Anyone aged 18 or over, or 16 or over if the charity is a company or CIO, who is not disqualified. Automatic disqualification catches undischarged bankrupts, people with individual voluntary arrangements, unspent convictions for dishonesty or deception and certain other grounds, though the Charity Commission can waive a disqualification on application. Have every incoming trustee sign an eligibility declaration before appointment; the declaration forms are in this group.
I have been asked to join a charity board. What am I taking on personally? +
Legal responsibility for the charity's compliance and resources, shared with your co-trustees, structured around six Commission duties from carrying out the purposes to accountability. Personal financial liability is rare if you act honestly and reasonably, and rarer still in incorporated charities. Before saying yes, read the trustee duties guidance note in this group, check the charity's latest accounts and ask what insurance and induction it offers.
One of our trustees has an interest in a deal the charity is considering. What must happen? +
They declare it before the charity commits, and the unconflicted trustees decide whether and how to proceed, with the interested trustee typically withdrawing from the decision. In a charitable company the declaration is also a statutory director duty. Record the declaration and the handling in the minutes and the register of interests. This section provides declaration letters and conflict of interest policies for both charitable companies and CIOs.
Is a trustee code of conduct worth adopting if it is not legally required? +
Usually yes. A code sets shared expectations on behaviour, confidentiality, conflicts and collective responsibility, which makes tackling a difficult trustee a matter of applying agreed standards rather than personal criticism. It is not a legal requirement, so keep it short and realistic. Adopt it by a resolution at a trustee meeting, the matching board minutes are in the Meetings and Decisions section, and revisit it at each trustee induction. The code template is in this group.
HMRC mentions a fit and proper persons test. Is that different from Commission eligibility? +
Yes, it is a separate, tax-side test. To claim reliefs such as Gift Aid, the Finance Act 2010 management condition requires the charity's managers, trustees and anyone with control over spending, to be fit and proper persons. Failing it risks the charity's tax reliefs rather than the individual's trusteeship. The practical fix is the same: have each trustee and senior manager sign the fit and proper persons declaration in this group and keep it on file.
Our charity has trustees. Why does it also have members, and what do members actually do? +

Because CIOs and charitable companies are membership bodies: the members are the constitutional layer above the board. Typically they appoint or elect trustees, approve constitutional changes and receive the annual report and accounts at any members' meeting. In many small charities the same people fill both roles, but the two capacities remain legally distinct and their decisions are recorded separately. The templates in this group handle the member-side administration for both structures.

Can our trustees and members be the same people? +

Yes, and it is the commonest arrangement in small charities. A foundation model CIO makes the trustees the only members by design; an association model CIO has a wider membership. A CCLBG can likewise limit membership to the trustees or open it up. The choice affects who controls trustee appointments and constitutional change, so it is a governance decision, not paperwork. Whatever the overlap, keep member decisions and trustee decisions in separate minutes.

What records must we keep about our members? +

Both structures need a register of members, but the legal source differs. A CCLBG keeps the statutory register of members under the Companies Act, recording each member's name and address and the dates they joined and left; since 18 November 2025 it no longer has to keep its own registers of directors, secretaries or people with significant control. A CIO keeps the register its constitution requires. Both benefit from a simple current members list for banks and funders alongside the authoritative register. Certificate templates for each structure are in this section; the register and list templates are in the Records, Reporting and Compliance section.

Someone wants to join or leave our charity's membership. What is the process? +

Follow your constitution or articles: usually a written application, a trustee decision to accept, entry in the register of members and optionally a certificate of membership; leaving is by written resignation or under cessation provisions, with the register updated. The register entry is what makes membership effective in a CCLBG, so never skip it. This section provides membership application, acceptance and certificate templates for CIOs and charitable companies, plus a CIO member resignation template. The register templates are in the Records, Reporting and Compliance section.

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