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GLOSSARY

Board of Trustees definition

What does Board of Trustees mean?

The ultimate governing committee of a charity, comprising its charity trustees. The term is synonymous with 'board of directors' in a charitable company.

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Appointment, removal and resignation of pension trustees—checklist

Appointment, removal and resignation of pension trustees—checklist When appointing and removing pension trustees: • Ensure that the power to appoint and remove trustees is exercised for a proper purpose. • Check the provisions of the trust deed and rules and ensure that trustees are appointed, removed or retire in accordance with them. • Where a company is sole trustee, check the provisions of the company's articles and ensure that directors are appointed, removed or retire in accordance with them. • Check whether there are any restrictions on the appointment or removal of trustees (eg a maximum or minimum number of trustees) and ensure that the appointment or removal does not breach them. • Ensure that any changes do not reduce the number of trustees below the quorum for trustee meetings. • Ensure that the appointment and removal of trustees is in accordance with the requirements for appointing member-nominated trustees or directors. • Remember to appoint new trustees by deed so that ownership of the trust assets vests automatically in the...

Changing charity trustees—checklist

Changing charity trustees—checklist Appointment of new trustee What are the eligibility criteria? Charity trustees must be appointed in accordance with both the terms of the charity’s governing document and the general law. The first step is to check the terms of the charity’s governing document, which may limit the number or the age of trustees. In any event, a person under the age of 18 cannot be a trustee of an unincorporated association or a charitable trust. However, a person aged 16 or over can be a director of a company and so can be a charity trustee of a charitable company. A person is disqualified from being a charity trustee or a trustee of a charity if they: • have an unspent conviction for dishonesty or deception • are an undischarged bankrupt, or the subject of bankruptcy restrictions or an interim order, or have not yet been discharged from a composition or arrangement (this includes an individual voluntary arrangement) with their creditors • have previously been removed...

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Charity governance and trustees

According to the Charities Act 2011 (CA 2011) the expression 'charity trustees'means the persons having the general control and management of the administration of a charityIn furtherance of management best practice the Charity Commission have set out six principles that should guide trustees in their administration of a charity. These principles suggest that an effective board will provide good governance and leadership by:•understanding their role•ensuring delivery of organisational purpose.•working effectively both as individuals and as a team•exercising effective control•behaving with integrity•being open and accountableThe reference to a 'board' gives an indication that something more than 'amateur' and ad hoc trustees is generally expected in the management of a charity. There are a number of other roles that can be usefully be employed in the wider management of a charity such as:•a patron—with no particular rights such a person may well be able to enhance the public appreciation of the charity•a president—again with no rights such a person may well be, in effect, the patron but probably someone who has intimate...

Powers of attorney in commercial transactions

Powers of attorney in commercial transactions Commercial lawyers will regularly come across situations where third parties are executing documents as an attorney on behalf of another person and may be required to put in place a power of attorney to cover the absence of an authorised signatory or to facilitate the contracting process by delegating authority to enter into contracts to managers or authorised agents. This Practice Note provides practical guidance on how to grant powers of attorney, the different types of power of attorney that can be granted, and when they are likely to be used in commercial transactions. We have produced a collection that is a comprehensive, interactive resource to help users identify and work through the concepts and common issues when executing documents. Each section or phase includes practical guidance, precedent clauses and Q&As relevant to that section. For more information, see: Execution collection. This Practice Note provides information and guidance in connection with the following: • characteristics of a power of attorney • who can...

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Charity trustee appointment letter

Charity trustee appointment letter [HEADED NOTEPAPER] [NAME and ADDRESS OF CHARITY] [DATE] [ADDRESS OF CHARITY] [By email] Dear [NAME OF APPOINTEE] Your appointment as trustee of [INSERT CHARITY NAME] I am writing to confirm that you have been appointed as a trustee [and director] of [FULL NAME OF CHARITY INCLUDING WORKING NAME/ACRONYM], a [registered charity in England and Wales ([CHARITY REGISTRATION NUMBER])] [ and ] [a company, registered under number [NUMBER]]. Many congratulations, and my fellow trustees and I look forward to working with you. [You will be appointed a charity trustee [and director] effective on [DATE] subject to the satisfactory completion of background and eligibility checks, and upon receipt of all the necessary documents which are enclosed with this letter: [INSERT RELEVANT DOCUMENTS]. OR You have been appointed a charity trustee [and director] effective on [DATE], having completed the relevant background and eligibility checks, and received the necessary declarations and documentation from you.] Our contact details for you are: [List contact details] Please advise...

Dive into our 1 Precedents related to Board of Trustees

Can a person who is a director of a company also be a trustee of the company's occupational pension scheme?

Can a person who is a director of a company also be a trustee of the company's occupational pension scheme? Yes, but that person should not put themselves in a position where their duty to act in the best interests of the beneficiaries of the pension scheme conflicts with the duties that they owe to the company. For example, they may be subject to a conflict of interest when negotiating on funding, setting the employer contribution rate, considering a proposal to change the scheme's benefit structure, or carrying out a review of the employer covenant. If the person makes decisions as a trustee while subject to a conflict of interest that has not been appropriately managed, there is a risk that those decisions may be challenged by pension scheme members or overturned by the courts. It is important that the members of a pension scheme should perceive a conflict or potential conflict as having been properly managed. For less serious or one-off conflicts, it may be sufficient for the...

Is there any requirement for the majority of the trustees of a charitable trust registered with the Charity Commission of England and Wales to be resident in England or Wales?

Is there any requirement for the majority of the trustees of a charitable trust registered with the Charity Commission of England and Wales to be resident in England or Wales? There is no legal requirement for the majority of trustees of a charity registered with the Charity Commission to be resident in England or Wales. Subject to any restrictions in the governing document and eligibility, you can appoint someone resident outside of the UK as a charity trustee, including non-British citizens, British citizens living abroad, individuals on temporary visas, and asylum seekers living in the UK. All charity trustees must meet the eligibility criteria. Under charity law, individuals must not be disqualified from serving as trustees (disqualifications include convictions for certain offences, being on the sex offenders register, bankruptcy, or removal from previous trustee roles for misconduct). Trustees must also meet minimum age requirements and, where relevant, undergo Disclosure and Barring Service (DBS) checks. Before appointing any new trustee, it’s essential to follow Charity Commission guidance on verifying eligibility and...

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Dispute Resolution weekly highlights—10 July 2025

This week's edition of Dispute Resolution weekly highlights includes: analysis of a number of key DR developments and key judicial decisions including the Civil Procedure Rule Committee launching a consultation on electronic service modernisation for CPR 6 and CPR PD 6A and the Court of Appeal decision in LZLabs GmbH v IBM UK Ltd (permission to appeal); dates for your diary; details of our most recently published content; and other information of general interest to dispute resolution practitioners.