Charity Question

[Drago]

Does anyone here run a charity, or any knowledge of the law surrounding the administration of charities?

There's a local charity who's behaviour can sometimes be a little controversial, and that's how their activities caught my eye.

What I'm wanting to know - is it legal for the same person to hold two different trustee roles in the same committee, at the same time? As I understand it the committees activities and powers must be positively stated, not simply assumed, and having read their constitution can see nothing that empowers a person to simultaneously hold two trustee positions.

As well as that having one person covering two roles raises questions of voting integrity, less likelihood of a quorum at meetings, that sort of shizzle.

So any insight or guidance gratefully appreciated.

 

[Hacienda71]

In the charity I am a trustee of the clerk can not be a trustee. The Chairman is a trustee though. Some rules are set out in the charities constitution. I think the Charities Commission over rules the constitution of the individual charity though. Our charity is 300 years old so many of it's rules are probably outdated.
Take a look at the Charities Commission Act.

 

[marinyork]

I think most documents you need are linked from here https://www.gov.uk/topic/running-charity/trustee-role-board

I don't know the answer to your question, but in the charity I do stuff for it states in the constitution that at no time can a majority of the trustees be 'related' to each other. Currently 40% of the trustees are related to each other so this fulfills that criteria.

If the roles are the defined ones chair, secretary, treasurer then I wouldn't be surprised in the least to find that they cannot be done by the same person.

 

[bikingdad90]

It depends what kind of charity they are. Are they a simple unincorporated charity registered with charities commission, a company limited by guarantee registered with charities commission or set up as a Community benefit society or a COOP or even an exempt charity. The set up dictates governance rules.

As general good practice a Trustee should not hold two positions within a committee but may sit on multiple committees provided there is no conflict of interest such as sitting on a remuneration committee when they receive a salary.