Who can be one, what the role requires, and how to appoint your first board
A charity trustee is one of the people who holds overall responsibility for a charity; for its direction, its money, and making sure it does what it was set up to do. Trustees go by different names depending on the charity – directors, board members, governors, committee members – but the role is the same. The Charity Commission looks closely at who your trustees are and whether they understand the job, so getting your board right is part of registering, not something to sort out afterwards.
This guide covers who can be a trustee, the rules on eligibility and disqualification, how many you need, the six duties the role carries, and how to appoint a first board that satisfies the Commission. For the wider registration picture, our full registration guide sets out the whole process.
What is a charity trustee?
Trustees have overall control of a charity and are responsible for making sure it does what it was set up to do. The board acts collectively – decisions belong to the trustees as a body, not to any one person – and while trustees can delegate authority to staff, volunteers or committees, they cannot delegate the responsibility. If something goes wrong, the board answers for it.
Most trustees are unpaid. The number your board needs, and how trustees are appointed and replaced, is set by your governing document rather than left to chance, which is one reason that document is worth getting right at the start.
Who can be a charity trustee?
There are two things to check: age and whether someone is disqualified. A trustee of a CIO or a charitable company must be at least 16; a trustee of a trust or an unincorporated association must be at least 18. Beyond that, some people are automatically disqualified from acting as a trustee unless the Commission grants a waiver.
The main grounds for automatic disqualification are an unspent conviction for an offence involving dishonesty or deception; being an undischarged bankrupt, or subject to bankruptcy or debt-relief restrictions; being on the sex offenders register; having been removed as a trustee by the Commission or a court for misconduct or mismanagement; and being disqualified as a company director. The rules were widened in 2018 to cover more offences and certain senior management positions, so it is worth checking the current list rather than relying on an older version.
When an organisation applies to register, every trustee signs a declaration confirming they are eligible. That makes it worth checking before you appoint someone, not after – a disqualified trustee discovered late can hold up the whole application.
How many trustees do you need?
The Commission recommends at least three trustees, ideally an odd number to avoid tied votes, and a board large enough to share the work and bring a range of skills. The strict minimum and maximum, though, are set by your governing document, not by a single blanket figure – the common belief that three is a hard legal minimum isn’t quite right. Three is the practical floor the Commission encourages; the right number is the one that lets your board govern properly and isn’t so small that one person dominates.
What are a trustee’s responsibilities?
The Charity Commission’s guidance The Essential Trustee sets out six main duties. They apply to every trustee and to the board as a whole.
- Carry out the charity’s purposes for the public benefit. Everything the charity does should serve its objects, for the public rather than private interests.
- Comply with the governing document and the law. Stay within your objects and powers, and meet the legal and regulatory requirements that apply to your charity.
- Act in the charity’s best interests. Decisions are made for the charity, setting aside personal or outside interests and managing any conflicts openly.
- Manage the charity’s resources responsibly. Protect its money and assets, avoid exposing it to undue risk, and don’t take on liabilities it can’t meet.
- Act with reasonable care and skill. Bring the care a reasonably prudent person would, use what skills and experience you have, and take advice where you need it.
- Ensure the charity is accountable. Keep proper records, file what the law requires, and be able to show the charity is well run.
These duties are collective. When trustees sign the annual report and accounts, they sign on behalf of the whole board, so every trustee shares responsibility for them.
What do trustees need to do before registration?
By the time you apply, your trustees should be appointed, their details ready, and their declarations signed. The Commission also looks for a board that understands the role; not a single founder with two relatives who will never meet, but people who can show they know what they are taking on.
Independence matters here. A board where most trustees are connected to each other, or where trustees stand to benefit personally, raises questions the Commission will ask. A first board that is genuinely independent and reasonably skilled does more for an application than one assembled to make up the numbers.
Getting your board right – the right people, eligible, and able to show they understand the role – is one of the things the Commission weighs that founders most often underestimate.
If you’d like yours checked before you apply, book a free call, and we’ll look at where you stand.
How do you recruit your first trustees?
Look for a mix of skills – finance, governance or legal, and knowledge of the area you work in – and for people independent enough to challenge as well as support. Founders often start with their own networks, which is fine, but trustee-matching services and local infrastructure bodies widen the pool beyond friends and family, which also helps with the independence point above.
Put a conflicts of interest policy in place early, so the board knows how it will handle them before one arises. Where your charity will work with children or adults at risk, safeguarding comes in from the start, including DBS checks for the roles that need them. The Commission’s guidance on finding new trustees covers recruitment in more depth.
Building a board that holds up
Your board is the part of the application the Commission can’t read off a document – it is looking for people who understand what they are taking on and a board that can govern independently. If you’d like help getting your trustees, their declarations, and your governance right before you apply, our charity setup and registration support builds that with you, alongside the rest of the application.
