The Charity Commission has recently updated its guidance on charity meetings, placing a new emphasis on reviewing governing documents—especially for charities that hold online or hybrid meetings. These updates are critical to ensure your charity stays compliant with the law and operates smoothly in today’s increasingly digital world.

Types of Charity Meetings and Their Purpose

The updated guidance breaks down the different types of charity meetings and their specific purposes, including:

  • Trustee meetings
  • Annual General Meetings (AGMs)
  • General meetings

Understanding the distinctions between these meetings and how to properly conduct each is vital for effective governance.

Calling and Giving Notice of Meetings

Properly calling and giving notice of meetings is crucial. The Commission has set out guidelines on how to:

  • Share agendas and relevant documents beforehand
  • Notify attendees with appropriate notice periods
  • Select a suitable venue (whether in-person or virtual)

Failing to follow these steps can lead to compliance issues, so be sure to stay organised and prepared ahead of each meeting.

Running an Effective Charity Meeting

Running charity meetings efficiently is a key focus of the guidance. From appointing a chairperson to ensuring the meeting is quorate, there are several factors that trustees must consider. The guidance covers:

  • Appointing a chair
  • Ensuring quorum is met
  • Managing voting processes
  • Dealing with conflicts of interest and disagreements

By following these rules, you can ensure that meetings run smoothly and decisions are made transparently.

Taking and Retaining Meeting Minutes

Another important aspect of charity governance is the duty to take and retain accurate meeting minutes. The Commission outlines specific details that must be included in minutes, such as:

  • Attendees
  • Key discussions
  • Voting results
  • Any conflicts of interest

Accurate minutes serve as a legal record of your charity’s decision-making process, so it’s essential that they are properly documented.

Governing Document – Why They Matter

The updated guidance stresses the importance of reviewing your charity’s governing document, which serves as your charity’s rulebook. This document outlines key governance requirements, such as:

  • Types of meetings your charity must hold
  • Quorum requirements
  • Voting rights
  • Rules on virtual or hybrid meetings

With virtual and hybrid meetings becoming more common, particularly since the pandemic, it is increasingly important to ensure your governing document allows for these meeting formats.

Virtual and Hybrid Meetings – Are You Compliant?

Many charities have embraced virtual and hybrid meetings as a more flexible and convenient way to meet. However, your charity can only hold these meetings if your governing document explicitly allows it. Before scheduling an online meeting, review your governing document to ensure you’re operating within the legal framework.

The Importance of Regularly Reviewing Your Governing Document

Your charity’s governing document—whether it’s a Trust Deed, Articles of Association, a CIO Constitution, or a Royal Charter—sets out the rules you must follow. This includes not only meeting procedures, but also key governance matters like appointing and removing trustees.

It’s recommended that trustees review the governing document at least once a year to ensure it remains up to date and practical, especially in light of evolving charity law and best practices.

Need Help? Contact our specialist charities team

If you’re unsure whether your charity’s governing document is up-to-date or need help updating it, our specialist charities team is here to help. We can ensure your governing document complies with the latest legal requirements and reflects best practices in charity governance.

Written By

Published: 19th September 2024
Area: Charities

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Fiona Miller is a solicitor within the charities team at Shakespeare Martineau. Since qualifying as a charities solicitor in 2019 Fiona has advised on a wide range of charity law and governance matters, gaining significant experience in the sector.

As a specialist in charity law, Fiona advises charities, not for profit organisations, charity trustees and individuals on the establishment of new charities and not for profit organisations, the incorporation of existing charities, charity trading and the establishment of trading subsidiaries, and regulatory requirements including obtaining Charity Commission approval. Fiona also advises on constitutional matters including reviewing and updating constitutional documents, and advises on charity governance matters including the legal duties and responsibilities of charity trustees.

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