Board of trustees

“The board” is a convenient shorthand, but it carries a legal point that catches people out. Charity powers are given to charity trustees as a body. An individual trustee — including the chair — has no authority to act alone unless the governing document or a properly minuted delegation says so.

This is why minutes matter more in a charity than people expect: the minute is the evidence that a decision was taken by the body that had the power to take it. For a charitable company, failing to keep minutes of directors’ meetings is a criminal offence committed by every officer in default (Companies Act 2006, s.248).

Check what your governing document actually permits before you assume the board can do something — see mapping your governing document — and set up a delegation framework so day-to-day decisions do not need a full meeting.