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  • Section 1: Name you should check your proposed organisation is not already in use. Do this by entering it into: https://register-of-charities.charitycommission.gov.uk/en/charity-search
  • Section 3: Writing your objects – see specific guidance
  • Section 5: Application of income and property – choose an option from the two presented
    • Guiding question
    • “Do you want to allow members or connected persons to engage in financial transactions with the charity, such as selling goods, services, or property, receiving interest on loans, or being employed, as long as the terms are reasonable and proper?”
    • If no, choose Option 1 (more restrictive).
    • If yes, choose Option 2 (allows more financial interactions).
  • Section 8: Liability of members – choose an option from the two presented
    • Guiding Question
    • “Do you want members to have any financial liability (up to a set limit) if the charity is wound up?” For example – No Liability): If the charity closes, members are not responsible for debts. Liability Up to £10 If the charity has outstanding debts, each member contributes up to £10.
    • If no, choose Option 1 (no member liability).
    • If yes, choose Option 2 (members may have to contribute up to a specified amount).
  • Section 9 1 a): Membership eligibility. Consider any criteria. The template states “open to anyone who is interested in furthering its purposes, and who, by applying for membership” Do you want to add any restrictions for example living in the area of benefit, over 18, with a specific health condition?
  • Section 9 1 a) 2nd paragraph: Make amendments here if you want to limit membership to include one or two of the options. E.g. individuals only.
  • Section 9 1 b) ii): Are you happy with 21 days to approve membership? you can increase or decrease. for example:
    • Shorter (e.g., 14 days) for smaller organisations with active administrative teams.
    • Longer (e.g., 28 days) for volunteer-run organisations with limited resources.
  • Section 9 1 b) iv): the 21 days response time again can be altered if you want.
  • Section 9 2: Transfer of membership – referring to your answer for Section 9, 1 a) you can delete the wording relating to corporate and/ unincorporated membership as appropriate
  • Section 9, 4 a) i): referring to your answer to Section 9, 1 a) you can amend this clause to reflect your membership.
  • Section 10 4 a): This is an optional clause relating to whether members can have the power to remove trustees. If trustees can be removed by members, it allows greater accountability, if not, removal relies on internal trustee votes (which may be harder).
    • Guiding Question
    • “Do we want the power for members to remove a trustee by vote at a general meeting?”
    • If yes retain the clause
    • If no remove the clause
  • Section 11, 5 b): Do you agree with the suggested quorum figures of 5% of members or three Members whichever is greater? You can increase this number, decreasing is not recommended. Consider how easy it will be to gather a quorum for a meeting when choosing your numbers and the importance of having enough people to make robust decisions. Consider for example
    • If your charity has 500 members, a 5% quorum requires 25 members.
    • For a small local charity (30 members), three people may be too few to ensure good decision-making.
  • Section 11, 5 b): Noting your answer to Section 9, 1 a) you can delete the wording relating to corporate or organisation members as appropriate.
    • If you are making a deletion here also check Section 11, 7 as this could also be deleted. Be sure to check your section numbering if you delete section 7!
  • Section 11, 7 – Optional additional to add proxy or postal votes to general meetings. Suggested wording can be found in the Appendix and entered here.
  • Section 12 – types of Trustee – definitions to support response to Section 12,3
    • Elected Trustees
      • Chosen by the charity’s members through a vote, usually at an AGM.
    • Ex-officio Trustees
      • Automatically become trustees because of another role they hold (e.g. the CEO of an organisation that supports the charity).
    • Nominated Trustees
      • Appointed by an external organisation (e.g. a local council or partner organisation)
      • Helps strengthen partnerships and overall oversight.
  • Section 12, 3: Choose from one of the options presented.
    • Guiding question 1
      • “Do you want external organisations to nominate trustees?”
      • If YES → Use Option 2 (Nominated Trustees)
      • If NO → Use Option 1 (Elected Trustees Only)
    • Guiding question 2 (refining option 1)
      • “Do we want to set a maximum number of trustees to maintain effective decision-making, or should there be no limit?”
      • Yes – Choose Option 1 and 1a
      • No – Choose Option 1 and 1b
  • Section 12, 3: Set your trustee numbers.
    • Regardless of your option selection you now need to a choose minimum number of trustees. The recommendation is three and this is good because it reduces the risk of stalemate in making decisions should there be low board numbers. Lowering this number is not recommended but you could raise it.
    • You may need to also set a maximum number. The recommendation is twelve, larger than this may be hard to manage. The Charity Commission recommends setting a maximum.
    • If you have chosen Option 2 you will need to split this maximum. Over nominated (individual) trustees and appointed trustees.
  • Section 12, 4: Add the names of your first trustees. These individuals will also have to complete the trustee declaration form
  • Section 13: Choose an option that mirrors your trustee choices in Section 12, 3.
  • Section 12 Option 1 – choose Option 1
  • Section 12 Option 2 – choose Option 2
  • Section 13 – refining option 2. If you have chosen option 2 here is where you give details.
    • Ex-officio trustees – enter the organisation name and role of the position e.g Chairman of the Parish Council
    • Nominated trustees – enter the name of the organisation who can nominate individuals to act as trustees and specify how many
  • Section 15, 2 & 3: refer to section 10, 4 a) If you have removed this section then also remove sections 2 & 3 here as they are co-dependent
  • Section 16: Reappointment of trustees.
    • Consider whether you want to limit trustee terms. This can be positive as it keeps the board fresh but can be a risk if trustees are hard to find.
    • Renewable terms (e.g., 3 years x 3 terms) may balance continuity & new ideas for example
  • Section 22: this covers basic electronic communication but you can choose to add more details as outlined in Appendix 1 of your constitution template. The benefit of adding this clause is to increase flexibility for decision making through email & online voting options.

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