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National Trustees' Week: What are the key duties every charity trustee should understand?

National Trustees’ Week is an opportunity to recognise and celebrate the invaluable contribution made by charity trustees across England and Wales.

More than 700,000 people volunteer as trustees, giving their time, expertise and judgement to help charities achieve their objectives and support our communities. Trustees play a vital role in ensuring charities are well governed, financially sustainable and acting in the best interests of their beneficiaries. While the role can be hugely rewarding, it also carries important legal responsibilities.

What are the key legal duties that all charity trustees should understand?

1. Ensure the charity is carrying out its purposes

Trustees must ensure that the charity’s activities further its charitable purposes and deliver public benefit. This means understanding the charity’s objectives and regularly reviewing whether its work is helping to achieve them effectively.

2. Understand and comply with the governing document and the law

A charity’s governing document sets out how it should operate, the powers available to trustees and the procedures that must be followed. Trustees should be familiar with its contents and ensure the charity complies with all relevant legal and regulatory requirements, including charity law and any rules specific to the organisation’s activities.

3. Ensure the charity is accountable

Trustees must be able to demonstrate that the charity is well run and operating effectively. This includes complying with reporting obligations, maintaining appropriate records, being transparent about decision-making and ensuring accountability to regulators, beneficiaries, supporters and the wider public.

4. Act in the charity’s best interests

Trustees must make decisions solely in the interests of the charity and its beneficiaries. This includes avoiding or managing conflicts of interest appropriately and exercising independent judgement when making decisions on behalf of the organisation.

5. Manage the charity’s resources responsibly

Trustees are responsible for the charity’s assets, finances and reputation. They should ensure funds are used appropriately, financial controls are effective, risks are identified and managed, and the charity’s resources are applied efficiently to further its purposes.

6. Act with reasonable care and skill

Trustees are expected to use their knowledge, experience and judgement when carrying out their role. Where appropriate, they should seek professional advice to help inform decisions and ensure the charity is properly protected.

Together, these duties form the foundation of good charity governance. By understanding and fulfilling their responsibilities, trustees help their organisations achieve their aims, protect charitable assets and maintain the public confidence on which the sector depends. Find out more about National Trustees’ Week.

If you are a charity trustee seeking legal advice on behalf of your charity, our specialist team can help. Please get in touch. We also have a number of case studies exploring the role we have played in our charity clients’ journeys.

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Our charities and not-for-profits team help both local and national clients to comply with all aspects of charity law. 

Disclaimer: All legal information is correct at the time of publication but please be aware that laws may change over time. This article contains general legal information but should not be relied upon as legal advice. Please seek professional legal advice about your specific situation - contact us; we’d be delighted to help.
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