Constitution Template

Constitution Template

In the context of a charity, a constitution is a formal document that outlines the fundamental principles, governance structure, and operating procedures of the organisation. It serves as the foundation for the charity's operations and provides a framework for its activities. The constitution plays a vital role in shaping the identity, operations, and impact of a charity. It provides a solid foundation for the organisation's activities, guiding its growth, effectiveness, and sustainability as it seeks to fulfil its charitable mission and serve its beneficiaries and communities. 

Key components typically included in a charity's constitution may include:

1. Name and Purpose: The official name of the charity and a clear statement of its charitable objectives or purposes.

2. Legal Structure: The legal form of the organisation. In the UK, organisations can adopt various legal structures.

3. Governing Body: The structure and composition of the charity's governing body, such as a board of trustees or directors, including details on appointment, terms of office, and responsibilities.

4. Powers and Limitations: The powers granted to the charity, including its ability to raise funds, enter into contracts, and make decisions on behalf of the organisation. It may also include any limitations or restrictions on the charity's activities.

5. Membership: If applicable, provisions for membership, including eligibility criteria, rights, and responsibilities of members.

6. Meetings: Procedures for holding meetings of the governing body, including notice requirements, quorum, AGM, voting procedures, and minutes.

7. Financial Matters: Policies and procedures related to financial management, including budgeting, accounting practices, and financial reporting requirements.

8. Amendments and Dissolution: Procedures for amending the constitution and for dissolving the charity, including the distribution of assets in the event of dissolution.

9. Dissolution: The Charity may be dissolved by resolution at a General Meeting (AGM).

10. Compliance: A statement affirming the charity's commitment to comply with relevant laws, regulations, and best practices in governance and operations.

Below is a template for a typical charity constitution in the UK. It's important to note that specific details may vary based on the nature of the charity, its objectives, and any legal requirements. This template serves as a general guide and requires further details, tweaking and text formatting.

This template provides a basic framework for a charity constitution in the UK. It's important for charities to seek legal advice and tailor the constitution to their specific circumstances and legal requirements. The constitution is a legally binding document that governs the operations of the charity and is typically registered with the appropriate government authorities. It provides clarity and transparency to stakeholders, including members, donors, beneficiaries, and regulatory agencies, and helps ensure the organisation operates in accordance with its charitable objectives and values.

Different roles in organisation

In a typical organisation, especially a charity, there are various roles that contribute to its functioning and success. In a typical organisation, numerous roles play integral parts in its daily operations, sustainability, and mission fulfillment. These roles collectively ensure that the organisation operates efficiently, remains compliant with regulations, serves its beneficiaries effectively, and achieves its overarching goals. 

Here's a comprehensive list of roles commonly found in organisations:

1. Board of Trustees/Governing Body:

   • Chairperson

   • Vice Chairperson

   • Secretary

   • Treasurer/Finance Officer

   • Trustees/Directors

2. Executive Leadership:

   • Chief Executive Officer (CEO)/Executive Director

   • Deputy CEO/Deputy Director

   • Chief Financial Officer (CFO)

   • Chief Operations Officer (COO)

   • Chief Marketing Officer (CMO)

   • Chief Technology Officer (CTO)

   • Chief Human Resources Officer (CHRO)

3. Management and Administration:

   • Office Manager/Administrator

   • Administrative Assistants/Secretaries

   • Human Resources Manager

   • Finance Manager/Accountant

   • IT Manager/System Administrator

   • Facilities Manager

4. Programme Management:

   • Programme/Project Manager

   • Programme Officers/Co-ordinators

   • Case Managers/Social Workers

   • Outreach Workers

5. Fundraising and Development:

   • Fundraising Manager/Development Director

   • Grant Writer/Proposal Writer

   • Donor Relations Manager

   • Events Co-ordinator

   • Membership Co-ordinator

6. Communications and Marketing:

   • Communications Manager/Director

   • Marketing Manager/Director

   • Public Relations Officer

   • Social Media Co-ordinator

   • Content Writer/Editor

7. Legal and Compliance:

   • Legal Counsel/Lawyer

   • Compliance Officer

   • Risk Manager

8. Volunteer Management:

   • Volunteer Co-ordinator/Manager

   • Volunteer Recruiter/Trainer

9. Community Engagement:

   • Community Outreach Co-ordinator

   • Community Liaison Officer

   • Advocacy/Policy Officer

10. Service Delivery:

    • Frontline Staff/Service Providers

    • Counsellors/Therapists

    • Educators/Trainers

    • Healthcare Professionals (if applicable)

11. Research and Evaluation:

    • Researcher/Evaluator

    • Data Analyst/Statistician

12. Quality Assurance:

    • Quality Assurance Manager

    • Compliance Auditor

13. Specialist Roles:

    • Diversity and Inclusion Officer

    • Environmental/Sustainability Officer

    • Health and Safety Officer

14. Advisory and Consultative Roles:

    • Advisory Board Members

    • Consultants/Subject Matter Experts

15. Support Staff:

    • Receptionists

    • Office Assistants

    • Custodians/Janitors

Each role plays a vital part in fulfilling the organisation's mission, serving its beneficiaries, and ensuring effective operations. Depending on the size, structure, and nature of the organisation, some roles may be combined, while others may be more specialised or diverse.

Specialised roles

In a demanding environment with evolving security challenges, organisations, including charities, may need to add specialised roles to address emerging threats and ensure the safety and security of their operations. 

Here are additional roles that may be necessary:

1. Cybersecurity Specialist: Responsible for safeguarding the organisation's digital assets, networks, and systems from cyber threats, including hackers, malware, and data breaches. They implement security measures, conduct risk assessments, and provide cybersecurity training to staff.

2. Data Protection Officer (DPO): Ensures compliance with data protection laws, such as the GDPR (General Data Protection Regulation) in the EU, by overseeing data privacy practices, managing data breaches, and liaising with regulatory authorities.

3. Physical Security Manager: Manages physical security measures, such as access control systems, surveillance cameras, and security personnel, to protect the organisation's premises, assets, and personnel from unauthorised access, theft, or vandalism.

4. Emergency Response Co-ordinator: Develops and implements emergency response plans and protocols to address natural disasters, accidents, or security incidents, ensuring the safety and well-being of staff, volunteers, and beneficiaries.

5. Risk Management Specialist: Identifies, assesses, and mitigates risks to the organisation's operations, finances, and reputation. They develop risk management strategies, conduct risk assessments, and monitor emerging threats and vulnerabilities.

6. Compliance Auditor: Conducts internal audits to ensure compliance with legal, regulatory, and internal policies and procedures. They review financial records, operational processes, and risk management practices to identify areas of non-compliance and recommend corrective actions.

7. Fraud Prevention Officer: Implements measures to prevent and detect fraud, including financial fraud, corruption, and misconduct. They develop fraud prevention policies, conduct investigations into suspected fraud cases, and collaborate with law enforcement agencies as needed.

8. Disaster Recovery Co-ordinator: Develops and maintains disaster recovery plans to ensure business continuity in the event of a natural disaster, cyberattack, or other disruptive event. They co-ordinate recovery efforts, restore critical systems and services, and minimise downtime.

9. Intelligence Analyst: Collects and analyses information from various sources to identify potential security threats, emerging trends, and risks to the organisation. They provide intelligence reports and briefings to senior management to support decision-making and risk mitigation efforts.

10. Security Awareness Trainer: Designs and delivers security awareness training programmes to educate staff and volunteers about security best practices, cyber threats, and risk mitigation strategies. They raise awareness and promote a culture of security within the organisation.

These specialised roles complement existing security measures and help organisations proactively address security challenges in today's complex and dynamic environment. By investing in security personnel and resources, charities can better protect their assets, maintain trust with stakeholders, and fulfil their mission effectively.

Board of Trustees / Governing Body

There are various types of trustees that may serve on the board of a charity, each bringing different perspectives, expertise, and contributions to the organisation. 

Here are some common types of trustees:

1. Volunteer Trustees: These are individuals who volunteer their time and expertise to serve as trustees of the charity. They are typically committed to the charity's mission and objectives and serve without remuneration.

2. Professional Trustees: Professional trustees are individuals who may be appointed to the board for their specific professional expertise or experience, such as legal, financial, or fundraising expertise. They may bring specialised skills that are valuable to the charity's operations and governance.

3. Founder Trustees: Founder trustees are individuals who played a significant role in establishing the charity. They may have been involved in the initial planning and development of the organisation and continue to serve on the board to provide guidance and leadership.

4. Beneficiary Trustees: Some charities may have beneficiary trustees who are individuals directly impacted by the charity's work or who represent the interests of the charity's beneficiaries. They bring firsthand knowledge and insights into the needs and experiences of those served by the charity.

5. Ex-officio Trustees: Ex-officio trustees are individuals who serve on the board by virtue of holding a particular office or position, such as the CEO, executive director, or a representative of a partner organisation. Their role on the board is tied to their official position rather than being elected or appointed by the board.

6. Independent Trustees: Independent trustees are individuals who do not have any conflicts of interest with the charity and are not affiliated with the charity in any other capacity. They provide impartial oversight and governance and help ensure the charity operates in the best interests of its beneficiaries.

7. Trustee Directors: In some cases, trustees may also be appointed as directors of the charity for legal or regulatory purposes. Trustee directors have the same responsibilities and duties as other trustees but may also have additional legal obligations under company law.

8. Honorary Trustees: Honorary trustees are individuals who are appointed to the board as a mark of recognition for their contributions to the charity or their standing in the community. They may not have voting rights or specific governance responsibilities but may offer advice and support to the board.

These are just a few examples of the types of trustees that may serve on the board of a charity. The composition of the board may vary depending on the size, nature, and needs of the charity, and it's important to have a diverse and well-balanced board with a range of skills and perspectives.

Where to register a charity

In the UK, USA, and Australia, Canada and EU charities are registered with different government agencies or regulatory bodies. 

Here's where you can register a charity in each country:

1. United Kingdom (UK):

• England and Wales: Charity Commission for England and Wales: This is the primary regulator for charities in England and Wales. Charities in these jurisdictions must register with the Charity Commission if their annual income exceeds £5,000 or if they operate as a charitable incorporated organisation (CIO). Registration is done online through the Charity Commission's website.

• Scotland: Office of the Scottish Charity Regulator (OSCR): OSCR regulates charities in Scotland. Charities in Scotland must register with OSCR if their annual income exceeds £25,000. Registration is done online through the OSCR website.

2. United States of America (USA):

• Internal Revenue Service (IRS): In the USA, charities typically seek tax-exempt status under section 501(c)(3) of the Internal Revenue Code to qualify for federal tax benefits. To do so, they must apply for recognition of exemption by filing Form 1023 (for organisations with annual gross receipts exceeding $50,000) or Form 1023-EZ (for organisations with annual gross receipts of $50,000 or less). Registration is done through the IRS.

• State Charity Regulators: Charities may also need to register with state authorities in the states where they operate, particularly for fundraising purposes. Requirements vary by state.

3. Australia:

• Australian Charities and Not-for-profits Commission (ACNC): The ACNC is the national regulator for charities in Australia. Charities must register with the ACNC to access charity tax concessions and other benefits. Registration is done online through the ACNC website.

• State or Territory Authorities: Some states and territories in Australia may have additional registration requirements for charities operating within their jurisdiction. This may include registering as an incorporated association or obtaining fundraising licenses.

4. Canada:

• In Canada, charities are registered and regulated by the Canada Revenue Agency (CRA). Before an organisation can be considered a charity, it must meet the legal definition of a charity according to Canadian law. Charitable purposes include relieving poverty, advancing education, promoting religion, or other purposes beneficial to the community. While it is not mandatory for charities to be incorporated, many choose to do so to obtain legal recognition and limited liability. 

• Charities can incorporate at the federal level under the Canada Not-for-profit Corporations Act (NFP Act) or at the provincial/territorial level under respective provincial/territorial legislation. The application for charitable status is submitted to the CRA along with the necessary documents and information. 

In EU, the registration process for charities varies by country, as each nation has its own regulatory framework and government agencies responsible for overseeing charitable organisations. 

Here are some examples of where charities can register in a few European countries:

1. Germany:

   • Local Authorities: Charities in Germany are typically registered at the local level with the responsible local government authority (such as the district or city administration). Registration requirements and procedures may vary depending on the region.

2. France:

   • Prefecture or Sub-Prefecture: Charities in France must register with the local prefecture or sub-prefecture in the department where they are based. The registration process involves submitting an application along with required documents and information.

3. Italy:

   • Revenue Agency (Agenzia delle Entrate): Charities in Italy may need to register with the Revenue Agency to obtain tax-exempt status and access certain benefits. Registration requirements and procedures may vary based on the type and activities of the organisation.

4. Poland:

   • District Court (Sąd Rejonowy): Charitable organisations in Poland usually register with the local district court that has jurisdiction over their registered office address. The registration process involves submitting an application along with required documents and information. 

5. Netherlands:

   • Chamber of Commerce (Kamer van Koophandel): Charities in the Netherlands may need to register with the Chamber of Commerce to obtain legal recognition and fulfil reporting requirements. Registration procedures may vary depending on the legal structure of the organisation.

6. Spain:

   • Ministry of the Interior (Ministerio del Interior): Charities in Spain may need to register with the Ministry of the Interior to obtain legal recognition and fulfil regulatory requirements. The registration process may involve submitting an application and required documentation.

7. Ireland:

• Charities Regulatory Authority (CRA): The CRA is the regulator for charitable organisations in Ireland. Charities must register with the CRA if their annual income exceeds €10,000. Registration is done online through the CRA website.

It's important for charities operating in these countries to comply with the registration requirements and guidelines provided by the respective regulatory authorities to ensure legal recognition and compliance with applicable laws and regulations.