If you’re involved in managing a Scottish charity, it’s essential to ensure that the trustees are up to date. Trustees play a crucial role in guiding the charity’s operations, safeguarding its assets, and ensuring it complies with legal requirements. Here’s a step-by-step guide on how to check and update the trustees of your Scottish charity.
1. Understanding the Role of Trustees
Trustees are individuals who take on the responsibility for controlling and managing the charity. They are expected to act in the best interest of the charity, making decisions that align with its charitable purposes and objectives. In Scotland, the Office of the Scottish Charity Regulator (OSCR) oversees charities and sets guidelines on trustee responsibilities.
2. Check the Current Trustees
To review the current trustees, follow these steps:
- Review the Charity’s Governing Document: This document outlines who the trustees are, their terms of office, and how they are appointed or removed. It’s crucial to check the governing document first to ensure compliance with the charity’s internal rules.
- Verify with OSCR: You can check the current list of trustees on the OSCR website. Visit the OSCR’s Charity Register and search for your charity. The register provides a list of all charities registered in Scotland and details about their trustees. Make sure the details match the information you have.
- Conduct an Internal Review: Regularly check with your charity’s internal records to confirm the current trustees and their contact details. This can help you identify any discrepancies or outdated information that needs updating.
3. Identify Changes Needed
Once you’ve checked the current trustees, determine if any updates are necessary. Common changes include:
- Resignation or Retirement: If a trustee has resigned or retired, their details must be removed from the records.
- New Appointments: If new trustees have been appointed, their details must be added to the records.
- Changes in Personal Details: If any trustee has changed their name, address, or other contact details, these must be updated.
4. Update the Trustee Records with OSCR
To update the trustee details, you must inform OSCR. Here’s how:
- Log in to OSCR Online: Use your charity’s secure login details to access OSCR Online, the portal for managing charity information.
- Submit a Change of Charity Details Form: This form allows you to update information about your charity, including the names and contact details of trustees. Fill in the form with the relevant changes and submit it.
- Attach Supporting Documents: If required, attach supporting documents such as meeting minutes showing the appointment or resignation of a trustee, or a signed declaration from the new trustee confirming their consent.
- Confirm Changes: OSCR will review the changes and may contact you for further information. Once approved, they will update the Charity Register.
5. Notify Other Relevant Parties
Apart from OSCR, you may need to inform other stakeholders about the changes in trustees, including:
- Banks and Financial Institutions: Update the authorized signatories on any bank accounts.
- Funders and Donors: Inform funders and donors about changes in trustees to maintain transparency.
- Other Regulatory Bodies: If your charity is also regulated by other bodies, ensure they are informed of any changes.
6. Keep Your Charity’s Records Updated
Maintaining up-to-date records is an ongoing process. Here are some best practices:
- Regular Review: Regularly review your charity’s governing document and ensure all trustee information is accurate and up to date.
- Document Changes: Keep detailed records of all trustee changes, including resignation letters, appointment letters, and meeting minutes.
- Communication: Ensure all trustees are aware of their roles and responsibilities and keep them informed of any changes within the charity.
7. Understand the Legal Implications
Failing to update your charity’s trustee records with OSCR can result in penalties or sanctions. Trustees have a legal duty to ensure the charity complies with OSCR’s requirements, so timely updates are crucial.
8. Seek Professional Advice if Needed
If you’re unsure about how to proceed with updating trustee details, consider seeking professional advice. Lawyers or consultants specializing in charity law can help ensure you comply with all legal requirements and that your records are accurate.
Conclusion
Regularly checking and updating the trustees of your Scottish charity is not just a matter of good governance—it’s a legal requirement. By following these steps, you can ensure your charity remains compliant and continues to operate effectively in line with its charitable objectives.