Consultation on ‘The essential trustee’
The Charity Commission is launching a consultation on an updated draft of its guide to trustees’ duties, ‘The essential trustee (CC3)’.
The aim of the updated guidance is to make clearer that the Charity Commission expects trustees to comply with not only legal requirements (what trustees ‘must’ do), but also with specified good practice requirements (what trustees ‘should’ do).
The guidance will highlight that if something goes wrong as a result of not following good practice, trustees might be in breach of their legal duties and held responsible for any loss the charity incurs. The Commission may ask trustees to explain and justify their decision of not following the guidance and may treat it as evidence of misconduct or mismanagement.
Amongst other changes, the updated guidance will also be emphasising that it is for all charity trustees, not just trustees of registered charities and will be highlighting what can go wrong and how to avoid it.
The Commission is holding discussions with stakeholders about these changes and is keen to hear views from anyone with an interest in the governance of charities, as well as trustees and charities.
The closing date for responses to this consultation is 17 February 2015.
Date: 27th November, 2014
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