Role Description for the Chair
Overall Purpose
Whilst all trustees are collectively responsible for the decisions and management of the charity, and jointly and severally liable for their actions, some view the position of chair of trustees as the ‘first amongst equals’, an ambassador, and the public face of the charity.
It is imperative that the chair provides effective leadership and management to trustees meetings enabling them to fulfil their responsibilities for the overall governance and strategic direction of the charity, and ensuring that appropriate decisions are correctly made (including developing the organisation’s aims, objectives and goals in accordance with the governing document, legal and regulatory guidelines). The chair should also lead trustee discussions on the manner in which the charity continues to provide public benefit, and how such provision is continuously monitored by the trustees.
The chair will need to work in partnership with the other officers to ensure that trustee decisions are acted upon and the charity is managed effectively.
The core duties and responsibilities of the chair of trustees include:
Main Responsibilities
• Leading the trustees in the development of strategic plans for the charity.
• Providing leadership and support to ensure that the charity is run in accordance with the decisions of the trustees, the charity’s governing document, and appropriate legislation.
• Liaising with the charity secretary on the drafting of agendas and supporting papers for trustee meetings and ensuring that the business is covered efficiently and effectively in those meetings.
• Undertaking a leadership role in ensuring that the trustees fulfil their responsibilities for the governance of the charity.
• Leading on, with the assistance of the charity secretary, the development and implementation of procedures for trustee induction, development, training, and appraisal.
• Implementing an effective communication strategy that includes the needs of beneficiaries and other stakeholders.
Main Duties
• Liaising with the charity secretary to lead on the planning, setting and chairing of trustee meetings and General Meetings.
• Ensuring trustee decisions are acted upon.
• Representing the charity at functions, meetings and in the press and broadcasting media, in line with the charity’s agreed media strategy.
• Acting between full meetings of the trustees in seeking trustees’ consent for action to be taken intra vires, e.g. banking transactions and legal documents in accordance with relevant mandates.
• Maintaining the trustees’ commitment to renewal and succession management, in line with the charity’s governing document and/or current best practice.
• Ensuring that the performance of trustees as a body, and the trustees individually is reviewed on an annual basis.
Role Description for the Secretary
Overall Purpose
The charity secretary is primarily responsible for the smooth and efficient running of meetings of the trustees and members, and providing assistance and support to the chair.
The charity secretary is also involved in monitoring the compliance with various legislative and regulatory requirements affecting the charity and its activities, and ensuring that the trustees’ decisions are acted upon, and that all decisions made by the trustees are in accordance with the governing document, reflect the objects of the charity, and continue to provide public benefit.
The charity secretary should be responsible for keeping the ‘conscience’ of the charity, by way of ensuring that the trustees continue to take decisions and act in line with the governing document, and comply with the relevant legislative and regulatory requirements the charity is subject to.
Main Responsibilities
• To liaise with the chair to plan, arrange and produce agendas and supporting papers for trustee meetings and for drafting the subsequent minutes.
• To act as charity secretary and ensure that charity law and regulatory requirements of reporting and public accountability are complied with.
• To ensure that all meetings comply with the requirements of the governing document.
Main Duties
• Arranging and administrating trustee and member meetings in line with legal, and other regulatory requirements, and in accordance with the governing document.
• Advise and guide the trustees and members of any legal and regulatory implications of the charity’s plans.
• Acting as the custodian of the governing document, in liaison with the trustees, reviewing its appropriateness and monitoring that the charity’s activities reflect the objects set out in the governing document.
• Supporting the trustees in fulfilling their duties and responsibilities, organising trustee induction and ongoing training.
• Ensuring that trustee decisions are implemented in accordance with the charity’s governing document or other internal operational procedures.
• Being an initial point of contact for stakeholders and interested parties.
• Ensuring the charity’s stationery, including electronic communications (emails, websites etc), orders, invoices, cheques and other relevant documents include all the details required under charity law.
Role Description for the Treasurer
Overall Purpose
The treasurer will oversee the financial matters of the charity in line with good practice and in accordance with the governing document and legal requirements and report to the trustees at regular intervals about the financial health of the organisation. The treasurer will ensure that effective financial measures, controls and procedures are put in place, and are appropriate for the charity.
Despite the additional responsibility the treasurer will have in overseeing the financial matters of the charity, all trustees continue to be jointly and severally responsible, and therefore liable, for the administration of the charity.
Main Responsibilities
To oversee, and present budgets, accounts and financial statements to the trustees and members.
To ensure that proper accounts and records are kept, ensuring financial resources are spent and invested in line with the charity’s policies, good governance, legal and regulatory requirements.
To be instrumental in the development and implementation of financial, reserves and investment policies.
Main Duties
Liaising with the charity’s independent examiner.
Monitoring and advising on the financial viability of the charity after liaising with the charity’s independent examiner.
Creating, sound financial instruments for the control of charity assets.
Implementing and monitoring that specific financial controls and systems are in place accordingly and adhered to.
Advising on the financial implications of the charity’s plans.
Liaising with the charity secretary to ensure that the charity’s annual accounts are compliant with the current regulatory requirements.
Acting as a counter-signatory on charity cheques (including any electronic transactions) and any applications for funds.
Maintaining sound financial management of the charity’s resources, ensuring expenditure is in line with the charity’s objects.
Contributing to the fundraising strategy of the organisation.
Role Description for Trustees
Overall Purpose
The trustees are jointly and severally responsible for the overall governance and strategic direction of the charity, and financial health, probity of its activities, developing the organisation’s aims, objectives and goals in accordance with the governing document, legal and regulatory guidelines.
All trustees should be aware of, and understand, their individual and collective responsibilities, and should not be overly reliant on one or more individual trustees in any particular aspect of the governance of the charity. For example, all trustees should be able to read the financial accounts to a level that they can ask questions and comprehend answers of a general nature.
This Guidance Note flags up those areas that trustees should be conversant with, in order to effectively govern the charity and monitor the implementation, and impact of their decisions, as a body.
Main Responsibilities
• To ensure that the charity, and its representatives, function within all legal and regulatory requirements applicable, and in line with the organisation’s governing document, continually striving for best practice in governance.
• To maintain the fiduciary duty invested in the position, undertaking such duties in a way that adds to public confidence and trust in the charity.
• To take appropriate professional advice in all matters where there may be a material risk to the charity, or where the trustees may be in breach of their duties.
• To determine the overall direction and development of the charity through good governance and clear strategic planning.
• To avoid any personal conflict of interest.
• To manage and use the resources of the charity so as to optimise its potential.
• To ensure that robust systems are in place for internal financial control and the protection of the charity’s funds and assets.
• To undergo a thorough induction upon appointment and ongoing training to remain alert to, and aware of, their duties and responsibilities, and of the environment in which they operate.
• To achieve the purpose of the charity and to pursue the charitable objects, and provide public benefit.
Main Duties
• Ensuring the charity complies with legislative and regulatory requirements, and acts within the confines of its governing document and in furtherance to the charitable objects.
• Acting in the best interest of the charity, beneficiaries and future beneficiaries at all times.
• Promoting and developing the charity in order for it to grow and maintain its public benefit and recognising the situation when it may be more appropriate to wind the charity up where there is no longer a need for the charity to provide the services it does or because the charitable objects are no longer relevant to contemporary social situations.
• Maintaining sound financial management and control of the charity’s resources.
• Ensuring the effective and efficient administration of the charity and its resources, striving for best practice in good governance.
• Acting as a counter-signatory on charity cheques (including any electronic transactions) and any applications for funds.
• To maintain absolute confidentiality about all aspects of the trustees’ business, bearing in mind the over-riding legal obligations placed upon trustees.
Statutory Duties
The following is a précis of the legal duties trustees must fulfil:
• Duty of trust;
• Duty to comply with the charity’s governing document;
• Duty to act in the best interests of the charity, present and future beneficiaries;
• Duty to avoid conflicts of interest;
• Duty to safeguard assets;
• Duty not to benefit from their position;
• Duty of care;
• Duty to act personally;
• Duty to act collectively; and
• Duty to keep accounts.
Accountable to
As the trustees are responsible and liable for the governance and functioning of the charity, they are accountable in varying degrees to a variety of stakeholders, including: members, beneficiaries, funders, the Charity Commission, and other regulators.
Furthermore, there is a growing demand within the sector and the wider general public, for charities to be open and accountable for their actions and inactions. Evolving best practice would therefore lead trustees to consider the wider implications of the decisions they make, and to communicate widely the formal reasons behind such decisions or actions.
Above all else, trustees must adhere to any legal and regulatory requirements applicable to the charity’s activities.