Trustees - The Roles, Responsibilities and Challenges a presentation for Elliot Harris FCA DChA Charities Partner eharris@cvdfk.com Add client logo www.cvdfk.com A Balancing Act? Steward Current Robust Overview Act in best interests of the charity Internal Regulation Prescription Sound Governance “An effective charity is run by a clearly identifiable trustee body that has the right balance of skills and experience to run the charity effectively, acts in the best interests of the charity and its beneficiaries, understands its responsibilities and has systems in place to exercise them effectively” Use of Resources Charity is, and will remain, solvent Prudence Integrity Only in furtherance of charity’s objects Wise Effective Efficient DUTY OF CARE Wise Use of Assets Brand I.P Use of funds Investments Other Governing Document Laws & Regulations Borrowing Land & Property Funds / Reserves Current vs future needs Trustees Charity Commission Regular review Balancing Act State & justify Not defensive Target Level Identify types of funds Reserves policy Understand Definitions Trustees’ Responsibility Governing document Best practice Charities SORP Accounting standards Reporting and Finance Charity / Company Law Other legislation & regulations Being Kept to Account Accounting records / funds Accounting systems & controls Availability Accountability Stewardship Governing Document Legal Requirements Timely submission CC / other regulators Preparation of statutory accounts & reports External scrutiny? Reporting Charity’s website Funders Others Charity Commission Timely Transparent Accountable Other regulators Summary Information Return Companies House Skills and Experience • What skills does a group of trustees need? – Business – Financial – HR – Charity specific • Rotation of trustees • Constant re-assessment Trustees’ Annual Report – In Theory Reference & Administrative Information Plans for Future Periods Financial Review Funds held on behalf of others Clarity Consistency Compliance Achievements & Performance Structure & Governance Management Objectives & Activities Trustees’ Annual Report – In Practice • Trustees’ responsibility – to own / prepare • Trustees should ensure: • Appropriate key messages, style and approach (particularly to members and volunteers) • Basic information is in place • Key SORP 2005 categories addressed • Clear links between the “words” and the “numbers” • Key policy statements are in place • Risk statement reflects reality • Future plans – sufficient, balanced and your needs explained • Public benefit • File on time! Consider use of other reporting mechanisms for specific audiences; how do these link to the Annual Report? Risk Management Trustees’ Report Opportunities vs Threats Reporting Work of charity Major Risks Recording Monitoring Identification Evaluation Action Investment Policy Set Policies Reporting Ethical investment Investments Professional Guidance Income or Capital Growth Trustee Liabilities Compliance with The Law Compliance with The Governing document Common sense Liability or not? Conflict of interest Not just Charity laws Delegation and Decision-making Record in writing Clarity of relationship Reporting structure Sub-committees Employees Governing Document and legislation Trustees always retain ultimate responsibility Disputes Agents Special Responsibilities Chair & Vice-Chair Key decisions taken by Trustees collectively Hon Treasurer “Officers” Role descriptions Other designated roles Reminder of the Hallmarks • Focus on impact and outcomes • Fit for purpose • Sound governance • Maximises potential • Accountable and transparent • Flexible Some Useful Reference Points • Charity Commission www.charity-commission.gov.uk • CC3 The Essential Trustee • RS3 Trustee Recruitment • RS7 Membership Charities • www.cvdfk.com/charities Trustees’ Roles and Responsibilities Above all remember…… A well run charity will be there long after you are! Add client logo www.cvdfk.com