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We lay out in this chapter the basic questions to ask as a new, or would be, trustee, and the duties you will need to comply with.
WHAT IS THE CHARITY’S LEGAL STRUCTURE?
One of the rst things you need to know is: “What is the legal structure of
the charity you are looking at?” This is because the answer to many other questions will be affected by this. We have provided more detail on the possible structures in chapter one.
Once you have established what type of charity it is, you will need to obtain copies of all governing documents. If you cannot nd the original papers to copy, check with your solicitors as they may hold them, or other professional advisers, as they may have copies. Alternatively it is usually possible to get copies of governing documents for a charity registered in England and Wales from the Charity Commission, or of a company from Companies House. Make sure that if you amend your governing document you keep copies of any amendments, and keep your original documents safely away from re, ood and theft etc. Also make sure that every trustee has a copy of the primary governing documents.
WHAT ARE THE CHARITY’S OBJECTS? AND WHY IS IT IMPORTANT TO KNOW?
The objects of the charity are the clause(s) in the governing document which state what the trustees should apply the charity’s funds for. In more modern charities these clauses will usually appear within the rst four clauses of the governing document. However in older trust deeds they may be buried half way through the deed and in some cases you may require specialist legal help to identify them.
However many catholic religious charities are set up with objects similar to these:
“For such charitable purposes which advance the religious and other charitable work of the institute as the trustees with the approval of the superior shall from time to time think t.”
28 Chapter 3