Category: documentation

This version was agreed by the Board at its Winter 2010-11 meeting

The next review is due on or before Winter 2013-14

 

1. Purpose

 

This document summarises the main duties and responsibilities of trustee-directors.

It is based on guidance supplied by the Charity Commission[1] and the NVCO[2].

 

2. Overview

 

Trustee-directors serve on the Board of AACT and together form its governing body. Trustee-directors have, and must accept, ultimate and legal responsibility for directing the affairs of a charity, and ensuring that it is solvent, well-run, and meeting the needs for which it has been set up. As AACT is also a Company Limited by Guarantee, the trustee-directors also serve as directors of the Company and must also ensure that the charity pursues its objectives and purposes as set out in its Memorandum of Association.

 

3. The Board and attendance at meetings

The Board of trustee-directors takes decisions collectively and meets as often as it must to in order to carry out its responsibilities. Typically that is four times each year and trustee-directors are, save for exceptional circumstances, expected to attend[3]. Unless otherwise authorised by the Board, three[4] trustee-directors are required for the Board to be quorate and decisions to be made.

4. Appointment and term of office

 

Save for people who are ineligible[5], the Board considers nominations for trustee-directors, which must be received in writing. Trustee-directors are elected to the Board. In accordance with Articles 24 and 25(1), one third of Trustee-directors must resign each year at the annual general meeting. Directors shall retire by rotation based on those who have held office longest since their last appointment. Trustee-directors may stand for re-election.

 

5. Remuneration, expenses and donations

 

Trustee-directors will not be paid any remuneration unless explicitly authorised by the Board and in accordance with Section 5(5) of the Memorandum of Association.

 

6. Compliance

 

Trustees must:

 

1.       i.        Ensure that the charity complies with charity law, and with the requirements of the Charity Commission as regulator; in particular ensure that the charity prepares reports on what it has achieved and Annual Returns and accounts as required by law.

 

1.     ii.        Ensure that the charity does not breach any of the requirements or rules set out in its governing document and that it remains true to the charitable purpose and objects set out there.

 

1.    iii.        Comply with the requirements of other legislation and other regulators (if any) which govern the activities of the charity.

 

1.    iv.        Act with integrity, and avoid any personal conflicts of interest or misuse of charity funds or assets.

 

7. Duty of prudence

 

Trustees must:

 

1.       i.        Ensure that the charity is and will remain solvent.

 

1.     ii.        Use charitable funds and assets reasonably, and only in furtherance of the charity’s objects.

 

1.    iii.        Avoid undertaking activities that might place the charity’s endowment, funds, assets or reputation at undue risk.

 

1.    iv.        Take special care when investing the funds of the charity, or borrowing funds for the charity to use.

 

8. Duty of care

 

Trustees must:

 

1.       i.        Use reasonable care and skill in their work as trustees, using their personal skills and experience as needed to ensure that the charity is well-run and efficient.

 

1.     ii.        Consider getting external professional advice on all matters where there may be material risk to the charity, or where the trustees may be in breach of their duties.

 

 

9. Resignation and Removal of trustee-directors

 

Trustee-directors may resign at any time, provided that:

 

1.       i.        notice is given to the Board in writing at least 90 days prior to the resignation taking effect;

 

1.     ii.        at least two trustee-directors remain in office when the notice of resignation takes effect.

 

Trustee-directors will be removed from office if he or she:

 

1.    iii.        ceases to be a director by virtue of any provision in the Companies Act or is prohibited by law from being a director;

 

1.    iv.        is disqualified from being a trustee by virtue of section 72 of the Charities Act;

 

1.     v.        ceases to be a member of the Charity;

 

1.    vi.        becomes incapable by reason of mental disorder, illness or injury of managing his or her own affairs;

 

1.   vii.        is not reelected as a trustee-director by the Board at an annual general meeting;

 

1. is absent, without permission of the Board, for all meetings held within a period of six consecutive months and the trustee-directors resolve that his or her office be vacated^[6].

Gift Aid declaration

 

To the charity Access-ability Communications Technology (AACT for Children)

 

Please treat the enclosed gift of £                                          as a Gift Aid donation.

 

You must pay an amount of Income Tax and/or Capital Gains Tax for each tax year (6 April one year to 5 April the next) that is at least equal to the amount of tax that the charity or Community Amateur Sports Club will reclaim on your gifts for that tax year.

 

Donor’s details

 

Title      Initial(s)      Surname

 

Home address

 

 

 

 

 

 

Postcode       Date

 

 

Signature

 

 

Please notify the charity if you:

1. Want to cancel this declaration.
2. Change your name or home address.
3. No longer pay sufficient tax on your income and/or capital gains.

 

Tax claimed by the charity

• The charity will reclaim 28p of tax on every £1 you gave up to 5 April 2008.
• The charity will reclaim 25p of tax on every £1 you give on or after 6 April 2008.
• The Government will pay to the charity an additional 3p on every £1 you give between 6 April 2008 and 5 April 2011. This transitional relief for the charity does not affect your personal tax position.

If you pay income tax at the higher rate, you must include all your Gift Aid donations on your Self Assessment tax return if you want to receive the additional tax relief due to you.

This template is based on the Volunteer Agreement proposed by Volunteer England as at July 2010. It may be worth checking there are no significant changes to this when drawing up a new agreement. It is very important to use wording which could not be interpreted as leading to a contract of employment. This includes: don’t use legalese; don’t imply any material reward to the volunteer (this includes not offering training unless it is directly needed by them in this volunteer role).

 

Volunteer Agreement for VOLUNTEER

 

This Volunteer Agreement describes the arrangement between Access-Ability Communications Technology (AACT) and you. We wish to assure you of our appreciation of your volunteering with us and will do the best we can to make your volunteer experience with us enjoyable and rewarding.

 

The organisation

Your role as a volunteer is as a position. It starts on date. (It may be helpful to the volunteer to mention a possible end date if this is a fixed-term project role, but Volunteer England does not recommend stating fixed times, so consider this and possibly discuss with the volunteer to help them plan their time). Your main Contact will be name.

 

The volunteering role described here is designed to help AACT in its current situation as a small, largely voluntary organisation realise one of its immediate objectives. This objective is to …….

 

You can expect AACT to

1. Induction and training

• outline AACT’s mission and ways of working
• provide relevant documentation, ….

2. Supervision, support and flexibility

• organise meeting and working alongside main Contact to help….
• be flexible in agreeing when you and main Contact will work together. Possibly outline here any constraints or things we are aware of which we’ll take into account
• be clear about what tasks we’d like you to do
• make you aware of the insurance cover available while undertaking the voluntary role
• make you aware of relevant Health and Safety policies.

3. Expenses

• pay, if you wish, your travel expenses to get from your home (state here where you understand this to be at the time) to us at the standard rail/bus fare rates if you provide us with suitable documentation including receipts showing the actual expense you incurred.

 

AACT expects you to

• help it fulfil its aims by acting as a volunteer
• perform your volunteering role to the best of your ability
• follow the relevant area Health and Safety policies while in AACT’s office and elsewhere on University of Reading property. Should it be necessary to undertake the role elsewhere, main Contact must make any relevant Health and Safety policies clear.
• maintain the confidential information of the organisation and of its clients (if there are special conditions, for example the volunteer will have access to sensitive personal date, then refer to the Information Policy to judge whether a confidentiality agreement may need to be signed)
• meet the time commitments and standards which have been mutually agreed to and to give reasonable notice so other arrangements can be made when this is not possible
• make yourself familiar with our Volunteer Policy (available on our website) and raise any issues you feel unsure about with main Contact.

 

This agreement is binding in honour only, is not intended to be a legally binding contract between us and may be cancelled at any time at the discretion of either party. Neither of us intends any employment relationship to be created either now or at any time in the future.

 

Schedule of work to be undertaken

 

The main objective is to (make this and any secondary objectives as clear as possible).

 

Your role is to

• list tasks as explicitly as possible, but leave room for them to alter as time goes on or the project progresses

 

Currently your normal place of volunteering is expected to be main place (if there is one). Outline possible variations to this.