Create a governing instrument
Every charity must have a governing instrument, that is a document which sets out the legal structure and powers of the charity. You may use a model which is appropriate given the charity’s legal nature, or seek legal advice or trust advice on the establishment of a charitable organisation.
The governing instrument must provide for those matters set out in legislation, which includes:
- Name
- Objects of the charity
- Powers of the charity
- Membership and categories and keeping of records
- Holding general meetings, calling meetings, notice, quorum and business to be transacted at the AGM
- Appointment and retirement of trustees
- Meetings and stipulations as to frequency and quorum
- Powers of charity trustees
- Dealings with property
- Keeping of financial and other records, and preparation of accounts and reports
- Amending the Governing Instrument
- Dissolution of the charity
The Attorney General does have a discretion to dis-apply any of these requirements where it is appropriate, but in most cases, the Governing instrument will be expected to comply.
