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A well-run charity achieves high
standards and attracts public confidence and support. Every charity shall
have high standards and will work with it towards ensuring that it:
(a) is formally set up with clearly
documented aims and rules by which it will be run, and which should
include the legal powers it needs to achieve its aims;
These are set out in the charity's
"governing document". Depending on the legal form of the charity, its
governing document could be a memorandum and articles of association, a
constitution, a set of rules or a trust deed. The legal powers and
administrative arrangements in every charity's governing document should
help it to achieve its charitable aims and manage its resources, not
hinder it from doing so. A well-run charity reviews its governing document
periodically to keep it up to date and to keep pace with the charity's
development.
(b) is run by a clearly identifiable
body of people who take responsibility, and are accountable, for
controlling the charity so that it is economically and effectively run ,
The governing document should clearly identify who
within the charity has this role. The
people, or the corporate body, that have this role
are legally the "charity trustees", though they may be known by another
title such as directors; governors; or members of a management or
executive committee or council.
A well-run charity has a trustee body of a
manageable size, whose members together
have the skills, knowledge and experience needed to
run the charity economically and
effectively, given its complexity. The charity
provides induction for new trustees and
opportunities for all trustees to develop their
knowledge and skills. They should work
collectively, be decisive, guard against dominant
individuals, and not allow private
interests to influence them. They should adopt and
record rules for the delegation of
appropriate functions from trustees to staff and/or
volunteers. The differing but mutually
dependent roles of trustees and staff/volunteers
should be clearly understood.
and who:
(i) act with integrity;
(ii) act in the interests of the
charity;
(iii) act without regard to their
personal interests;
Charity trustees must act solely in the interests of
their charity, regardless of how
or by whom they were appointed. They should strive
to avoid putting themselves
in any position where their duty to act in the
charity's interests conflicts, or
appears to conflict, with their own personal
interests. If this is unavoidable the
conflict of interest must be disclosed straightaway
to the other trustees, who
should make arrangements to prevent the conflict
affecting the charity or its
reputation.
Any payment (as opposed to refund of expenses)
received by a trustee must
have legal authority, must be a reasonable sum for
the work done, and must be
properly disclosed and accounted for.
(iv) preserve their independence, neither allowing
themselves to be directly
controlled by others nor acting as mere
representatives of others' interests;
The independence of trustees is of paramount
importance. No charity should
allow itself to be controlled or manipulated.
Sometimes a person or body has a
right to appoint (or nominate) trustees for a
charity, but that does not give the
appointing body any right of influence over the
trustees once in place. Trustees
must make decisions and exercise their discretions
solely in the interests of the
charity, as must any other person or body having
powers under the governing
document.
(v) are not disqualified from acting
or otherwise unsuitable;
Some people are disqualified by law from acting as
trustee of a charity. For
example someone who:
* is an undischarged bankrupt; or
* has been removed from office as a charity trustee by the Royal Court;
No-one who is incapable of understanding the nature
of a trustee's duties, or who
is unwilling to accept some or all of them, should
be appointed as a trustee.
No-one under 18 years of age can legally be a
trustee of a charitable trust or
association.
(c) manages and accounts for its
resources well;
A well-run charity understands the needs of its
beneficiaries and users. It manages its
resources securely and economically and deploys them
to the best advantage of its
present and future users or beneficiaries. Funders,
donors, supporters and users have a right to expect high standards of
management and financial control. This in itself requires resources, and
it is a false economy to cut administration below the level needed to
manage the charity properly. But every charity should be able to show that
it has kept administrative costs to the minimum consistent with high
standards of management.
Any charity which aspires to having high standards
of management and financial control will also want to provide a good
quality service for their users or beneficiaries, and will want to make
continuous improvements to their services and activities.
(d) complies with all relevant legal
requirements;
Every charity should identify and comply with its
obligations under the laws of California, and under any specific law which
applies to it because of the nature of its activities (eg as an employer)
or of its legal form (eg as a company). A well-run charity takes
professional advice when in doubt as to its legal obligations.
(e) acts with respect to the legal and human rights of the
individual;
Charities must comply with legislation (in so far as
it applies to charities) which protects the human rights of the
individual, including those which prohibit discrimination.
(f) is able to show how its
activities are, or will be, able to support its charitable aims;
"Activities" means anything done using resources
belonging to the charity or under its
control, and includes all of its work and services.
Activities are not in themselves normally the determining factor in
deciding whether or not an organisation is charitable. But an effective
charity can readily show how its activities contribute towards the
achievement of its aims. No charity may use its resources on any
activities which do not contribute, directly or indirectly, to achieving
its own aims.
A charity may carry out a trade which furthers its
primary charitable aim, but may not
carry out any other form of trade.
(g) is open in the conduct of its affairs, except
where there is a need to respect
confidentiality;
Except where there is a genuine need to respect
confidentiality, a charity should be ready to explain and justify the
policies and practices it has chosen to adopt to any member of the public.
(h) carries out its aims with regard to the
requirements of those it is designed to serve, the community within which
it operates and any relevant wishes of its donors;
A charity cannot work effectively for its
beneficiaries or service users unless it takes steps to discover and
understand their needs, and attunes its charitable activity towards
meeting those needs. This will often mean giving beneficiaries or users
some
involvement in the formulation of policies or
services.
A well-run charity fulfils the legitimate
expectations of those who give money to it.
Donations which are received in response to a public
appeal must always be used by the trustees in accordance with the terms of
that appeal. But trustees are not under the same obligation to observe the
wishes of those who donate funds for the general purposes of the charity.
(i) conducts its external relations, fund-raising
and publicity in a way that enhances its own reputation and that of
charities generally.
Charities, individually and collectively, rely on
external support. A charity's reputation is a valuable asset. A well-run
charity is sensitive to external opinion and seeks to enhance its standing
in its dealings with commercial and public sector bodies, its methods of
raising funds, and its advertising and publicity. It also deals
responsibly with complaints and criticisms made against it, whether made
privately or in the public arena.
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