Retention of documents after dissolution will depend upon differing circumstances. There is no central body which keeps the records of dissolved charities. A local library or the County or other local Records Office may be willing to store them. The last Secretary to the charity trustees may keep them. The charity’s solicitor or accountant might keep the records after dissolution, or another charity working in a similar field may agree to the safekeeping of the remaining documents. The accounting records of the charity must be retained for a minimum of six years unless the commission consent to their disposal (s.131 of the 2011 Act); it recommends that other important records of the charity are retained for a similar period. Charitable companies will also have to comply with the relevant requirements of the Companies Act. An ‘EGM’ is an Extraordinary General Meeting (occasionally referred to as a Special General Meeting (SGM) by unincorporated charities) and is any general meeting of members other than an AGM. Governing documents are legal documents. You must follow the correct procedures to amend them, and it’s important to word any changes correctly. You should consider taking appropriate advice about any changes. Use one of the Commission’s model governing documents or an approved governing document, to ensure that your governing document has all the provisions and powers you need.

Unless the governing document states otherwise, the notice of the AGM will need to be sent to all the members of a charity and to any other people entitled to receive them. Some charities may be required to have an AGM or users’ meeting but not have a membership (for example, a village hall charity). In these cases, the instructions in the governing document about advertising the meeting must be followed. The governing document may state the number of days notice that must be given for calling an AGM. If it does not, reasonable notice should be given.

Two charities providing similar (or complementary) services in the same area may decide to collaborate or merge for greater efficiency. Trustees have independent control over, and legal responsibility for, a charity’s management and administration. They play a very important role, almost always unpaid, in a sector that contributes significantly to the character and wellbeing of the country. EGMs and SGMs are held for the consideration of non-recurring business that requires approval by the members between AGMs. Whilst these will often be called by the charity trustees to transact business such as alterations to its governing document they may also be requested by members. SGM is an equivalent term sometimes used by unincorporated associations.

how the charity’s purpose benefits the public or a sufficient section of the public - this is the ‘public aspect’ of public benefit The charity trustees may wish to invite professional advisers such as the company’s accountants or solicitors to the AGM. Unless they are also members they will not be able to vote at meetings. Some members may have carers who need to attend with them: again, if the carer is not a member, they cannot vote. 15.6 During the AGM To confirm the appointment of [insert name] who joined the Board on the [insert date] to replace [insert name]. In deciding how to deal with a conflict of interest, trustees should be mindful of what feels right, and also how others might view the trustees’ actions.You should also read this guidance if you are thinking about setting up a charity or becoming a trustee in England or Wales. You can read the automatic disqualification guidance for charities which explains the disqualification rules in more detail. Even when you receive no financial benefit, you could have a conflict of loyalty. For example if your charity has business dealings with your employer, a friend, family member, or another body (such as a local authority or charity, or a charity’s trading subsidiary) that you serve on.