Guidance

Trustee board: people and skills

Check who is eligible to be a trustee and what skills they need to have

From:
The Charity Commission
Published
9 May 2014
Last updated
14 May 2025 鈥� See all updates

Applies to England and Wales

Check who is eligible to be a trustee

The law says that some people cannot be a charity trustee.

You must not appoint a person who is not allowed by law to be a trustee.聽

Use guidance about finding and appointing trustees. This sets out the checks you must make before you appoint new trustees. It includes guidance on checking:

  • if a person meets the minimum age requirement for trustees
  • that a person is not disqualified from being a trustee
  • if a trustee position requires a relevant DBS check

Recruiting new trustees

Your charity may be recruiting new trustees for the first time.

Use guidance about finding and appointing trustees to help you to:

  • identify the skills you need on your trustee board to take your charity forward
  • encourage people to apply to be trustees of your charity
  • inform new trustees about their legal responsibilities
  • welcome, train and support new trustees

When recruiting your first trustee board:

  • aim to stagger the lengths of the first appointments, so that your trustees don鈥檛 all change at once
  • consider setting clear role descriptions for trustees, including for specific office holders such as your chair and treasurer

Governing document rules about trustee appointments

When you create your charity鈥檚 governing document, it will include rules about trustee appointments. For example, it may say: 聽

  • what is the lowest number of trustees that your charity must have, and if there is an upper limit
  • how long trustees can be in post
  • if other organisations can appoint trustees of your charity
  • if your charity鈥檚 members must elect some or all of your trustees
  • the process you must follow to appoint new trustees
  • who can be a trustee of your charity. For example, it may say that some or all of your trustees must live in a certain place

You must follow what your governing document says.聽

Trustees who live outside the UK

You can appoint someone who lives outside the UK as a trustee. This includes:

  • non-British citizens
  • people in the UK on temporary visas or seeking asylum
  • British citizens who live abroad

Check that the person is eligible to be a trustee, and the appointment is:

  • allowed by your charity鈥檚 governing document (check for any residential or similar restrictions)
  • in your charity鈥檚 best interests, so that the benefits of the appointment outweigh any issues or problems

Consider how you will:

  • hold meetings if one or more trustees live abroad
  • ensure regular and active participation by these trustees

Updates to this page

Published 9 May 2014
Last updated 14 May 2025 show all updates

  1. Updated guidance to reflect good practice on trustee recruitment

  2. Added links to organisations that can help with trustee training and recruitment

  3. First published.

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Contents

Part of Set up a charity: step by step

  1. Step 1 Check if setting up a charity is right for you

    1. Check the alternatives to setting up a charity

  2. and Check you're eligible

    1. Check if your organisation can be a charity

  3. Step 2 Find trustees

    Trustees are responsible for the operation of your charity. They must show they understand their legal requirements.

    1. You are currently viewing: Check who's eligible to be a trustee and what skills they need to have
    2. Find and appoint trustees
    3. Read about your trustees' legal responsibilities

  4. Step 3 Find out how to choose a charity structure

    1. Choose the right charity structure

  5. and Choose a name for your charity

    There are rules on what words you can use in your name.

    1. Check what you can call your charity

    You cannot register a name that's the same as or similar to another charity.

    1. Check the names of registered charities

  6. and Decide and write your charity's purposes

    Your 鈥榩urposes鈥� describe what your charity is set up to achieve.

    1. Find out how to write your charity's purposes

  7. Step 4 Create a governing document

    The governing document is a set of rules that explains how your charity is run. It needs to include your charity's structure, name and purposes.

    1. Find out how to write your governing document

  8. Step 5 Make sure you meet the 'public benefit requirement'

    Your organisation must be able to show that it benefits the public.

    1. Check how your organisation must benefit the public

  9. Step 6 Register your charity

    You must apply to register your charity with the Charity Commission if either:

    • its income will be at least 拢5,000 per year
    • it鈥檚 a charitable incorporated organisation (CIO)
    1. Register with the Charity Commission

    You can register your charity鈥檚 details with HM Revenue and Customs (HMRC) to get tax back on things like Gift Aid donations.

    1. Register with HMRC