Charity Meetings Guidance Summary and Update
The Charity Commission has recently updated its guidance for charity meetings (Charity meetings - GOV.UK ) with it specifically focusing on updating the guidance to include further advice surrounding virtual trustee meetings and governance. It covers a range of areas that trustees and charity’s members should be aware of, including: the governing document and ways to hold and vote at meetings.
The charity’s governing document should include a variety of information regarding the running, voting quorum, and minimum number of meetings required per year. By way of an update, the Charity Commission has now stated how the governing document should also outline the ways in which a meeting can be held. This should be referred to within the governing document with specific amendments allowing for the holding of virtual or hybrid meetings. Amending the definition of ‘meeting’ or by adding a new clause to include the different ways are both possibilities. Other information should also be noted such as how much notice, votes or how adjournment can take place. In a forever changing technological advancing era this is something that should be continually considered by charities to maintain good practice. Defining the type of electronic communications means that can be permitted may also be important. By doing so, the inclusion of emails, group chats, text messages or video calls could be used to notify, call or conduct future meetings.
Previously, the Charity Commission had operated a temporary permission for all charities to hold virtual meetings. However, this has not been available for at least the last two years. In reality, many charities may have continued to conduct practice using such means. Subsequently this means any decisions made could be deemed invalid or not permittable.
The Guidance also outlines the different types of charity meetings, including trustee meetings, annual general meetings, extraordinary general meetings or special meetings. It gives a variety of comments on how often each meeting should take place and who can attend and vote.
In advance of any meeting, an agenda should also be prepared. This should set out the items for discussion and any matters that are to be voted on. Your agenda should outline different points, such as including space for ‘any other business’ to be discussed in the event any attendees would like to raise new items.
The governing document should provide information on the quorum, the minimum number of voting trustees or members that must attend a meeting to make valid decisions. The quorum should be kept under consistent review and may change depending on the type of meeting taking place. Charities should consider that they have the correct means to monitor attendance and can guarantee their decisions made are in line with the quorum required. Similarly, how or if voting can take place throughout virtual meetings. Some electronic platforms can allow you to use polling voting buttons to cast votes.
This guidance has been published to clarify, update and modernise changes that have already previously considered by some charities. In practice, it is highly important to continually review your charities documentation to make sure they make valid decisions. Our charities team at Rollits can offer comprehensive support in assisting with charity legal services which can include amending your governing documents or any governance reviews/training that you may feel is required.
