The legal responsibilities of Trustees have increased significantly over recent years.
The responsibility of Trustees to do what is right for the Charity they work for is both important and essential. You don't need the team at Chapters Financial to tell you that the Charities Commission sees these responsibilities as the cornerstone of the effectiveness of our important charity sector.
In July 2015, the Charities Commission updated their Essential Trustee document, first published in March 2012, called 'CC3 / The essential Trustee, what you need to know, what you need to do'. I think it is important to note the speed of the update, which shows how quickly the details have moved on. As it suggests, the role of the Trustee is essential, but it comes with much responsibility. Further legislative changes have been enacted through the Charities Act 2016 and details of when the different sections of this new Act will take effect can be found here: https://charitycommission.blog.gov.uk/2016/05/20/how-will-the-new-charities-act-affect-your-charity/ .
The updated document can be found here: https://www.gov.uk/government/publications/the-essential-trustee-what-you-need-to-know-cc3/the-essential-trustee-what-you-need-to-know-what-you-need-to-do
For Trustees of Charities this is evidenced by the Trustee Act (2000) that came into force on 01 February 2001. This legislation was introduced to keep pace with the evolving investment market, following the previous legislation in 1961, referred to as the Trustee Investment Act (1961). The new Act, amongst other points, introduced new powers of delegation, new powers for the appointment of agents and introduced appropriate safeguards for the operation of the new powers, including a duty to take proper advice in relation to investments and a statutory duty of care.
With deposit returns now extremely low, but although the deposit protection limit has risen back to £85,000 from 30 January 2017, the situation is not improving for funds on deposit. Indeed, the option of placing some funds into investments has come to the fore and consequently the importance of taking advice on this topic.
The government offers much guidance on how to invest charity money and has a webpage focussed on this specific topic here: https://www.gov.uk/guidance/how-to-invest-charity-money
It is the Trustees' responsibility to invest and manage these assets in the best interests of the Trust and its beneficiaries. In addition to the document above, the Charities Commission provides additional investment information to Trustees as indicated in the Charities Commission document CC14 'Investment of Charitable Funds: Basic Principles'. A link to this document is provided here.
Trustees should have set investment objectives, such as income needs for their funds, attitude and aptitude for investment risk, and these should be documented and reviewed regularly. This should include any ethical restrictions your Charity has and you should usually check returns against a benchmark. Trustees should hold some funds on deposit to cover immediate running costs - and this is a prudent course of action for the management of any business. Recommendations will need to be agreed and approved by the Trustees and documented accordingly.
You may wish to refer to our example Investment Risk Scale to consider investment risk further.
The value of funds and the income generated can fall as well as rise and is not guaranteed. Past performance is not a guarantee of future performance.
As a registered UK charity, the Trustees will be aware of the tax benefits that a Charitable Trust can enjoy. The HMRC website details the tax guidance for Charities here: https://www.gov.uk/charities-and-tax/overview
Our Independent Financial Advice Offering
We are Independent Financial Advisers and Chartered Financial Planners based in Guildford, Surrey.
We have excellent contacts with many investment houses, some of whom have individual departments for Charities and specialise in this area. We can use these contacts to develop your Charity's investment strategy to meet its objective of diversification and any ethical constraints you wish to consider.
Presentation and Investment Recommendations
We are pleased to offer presentations and information to Trustees to ensure that they have sufficient understanding about investment to make prudent decisions, whether that be to generate income or capital growth, or indeed both.
The initial discussion and implementation of an investment strategy for a Charitable Trust is the beginning of an investment process. Once implemented, the investments should be reviewed on a regular basis, and if required re-balanced, to ensure that they are meeting the Trust's investment objectives both now and into the future. As the objectives of the Trust's funds may change, so may the asset allocation. As a minimum, this should be once a year.
For guidance and information purposes only. Please seek Independent financial advice before proceeding with any changes/new contracts. The Financial Conduct Authority does not regulate taxation advice.
Chapters Financial is authorised and regulated by the Financial Conduct Authority.