Becoming a trustee

A trustee or non executive director is a member of the board of trustees, board of directors, management committee or governing body, who have ultimate responsibility for one of the wide variety of not for profit or social enterprise organisations that exist. Being a trustee is an enriching experience both for you and the organisation you serve, and most importantly, for the organisation's beneficiaries or cause.

All charities must have purposes which are recognised as being exclusively charitable and which are for the public benefit. The Charity Commission has published guidance which gives more detail about the so-called "public-benefit requirement". The guidance identifies two key principles of public benefit: there must be an identifiable benefit or benefits; and the benefit must be to the public or a section of the public. Most charities are registered with the Charity Commission except very small organisations or those with a special excepted or exempted status.

The Charities Act 2006 made substantial changes to the regulatory regime under which charities operate in England and Wales. You will find more information about the Act here: Charities Act 2006. You will find below some helpful information taken from the BWB guide, Duties of Trustees, which deals with some of the responsibilities of being a trustee.

Primary responsibilities of charity trustees

The overriding duty of all charity trustees is to advance the purposes of their charity. In doing so they have several basic responsibilities.

1. Trustees are responsible for the proper administration of the charity
Trustees must make sure that the charity's assets and resources are used only for the purposes of the charity. They must make sure that the charity is run in accordance with its constitution, charity law and all other laws and regulations which affect its activities.

2. Trustees must accept ultimate responsibility for everything the charity does
The trustees are responsible for the vision, mission and management of the charity. They are accountable if things go wrong.

3. Trustees have to act reasonably and prudently in all matters relating to their charity
The law imposes a duty of care on the trustees of charities. This is sometimes expressed as a duty 'to exercise such care and skill as is reasonable in the circumstances'. The duty will be greater if a trustee has (or claims to have) any special knowledge or experience, or if their business or profession means they can reasonably be expected to have special knowledge or experience. In matters where trustees are not expert, they will be expected to take appropriate advice. This duty is very significant. Essentially, provided trustees can show that they are acting reasonably, in a way which furthers the legal objectives of the charity, it is unlikely that they can be criticised under charity law.

4. Trustees must safeguard and protect the assets of the charity
A charity's assets include its investments, cash, land, intellectual property, staff and reputation.

5. Trustees have a duty to act collectively
Decisions and responsibilities are shared, so all trustees should take an active role. Trustees can act by majority (unless the constitution says otherwise), but all the trustees are collectively responsible for decisions made by the trustees (unless they make it clear that they disagree with a particular decision, but they are overruled). Some trustees will have particular roles. For instance, the chair is likely to be a figurehead for the organisation, and to have a special relationship with senior members of staff. The treasurer will be responsible for explaining the financial situation to the rest of the trustees. But responsibility for decision-making still lies with the board as a whole.

6. Trustees must act in the best interests of their charity
The interests of the charity are paramount. Trustees should not allow their personal interests or views to override this: they must exercise independent judgement.

7. Trustees must avoid any conflict between their personal interests and those of the charity
The main implication of this is that, unless there is specific legal authority, charity trustees cannot receive any benefit from the charity.

How can I register my interest with Trustees Unlimited?

If you would like to register with us, please click here. Should the right opportunity come up, you will be contacted and asked whether you are interested in applying. If you are, we will normally ask you to make a formal application. You may then be asked to attend a preliminary interview with a consultant from Trustees Unlimited. Candidates short listed by the recruiting organisation will then be taken through whatever process the organisation wishes to deploy but normally this is an interview with the nominations committee, a meeting with the Chief Executive/visit to the organisation and a meeting with the other board members.

NCVO offer a free self service recruitment service ideally suited to small local charities and small not for profits and so you might also want to look for opportunities at: Trustee Bank.

By registering here you will also be automatically registered on the Nonexecutives Unlimited database. From time to time you may receive notifications about non executive roles and information from our partners: NCVO, Bates Wells & Braithwaite, and Russam GMS.