CIO - Foundation Model

To be used alongside the template:

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• Section 1: Name - you should check your proposed organisation is not already in use. Do this by entering it into: https://register-of-charities.charitycommission.gov.uk/en/charity-search
• Section 3: Writing your objects - see specific guidance
• Section 8: Liability of members - choose an option from the two presented
  • • Guiding Question
  • "Do you want members to have any financial liability (up to a set limit) if the charity is wound up?" For example - No Liability): If the charity closes, members are not responsible for debts. Liability Up to £10 If the charity has outstanding debts, each member contributes up to £10.
  • If no, choose Option 1 (no member liability).
  • If yes, choose Option 2 (members may have to contribute up to a specified amount).
• Section 9, 3: Number of trustees – choose from one of the options presented
  • Guiding question 1
  • "Do you want external organisations to nominate trustees?"
  • If YES → Use Option 2 (Nominated Trustees)
  • If NO → Use Option 1 (Elected Trustees Only)
  • Guiding question 2 (refining option 1)
  • "Do we want to set a maximum number of trustees to maintain effective decision-making, or should there be no limit?”
  • Yes - Choose Option 1 and 1a
  • No - Choose Option 1 and 1b
• Section 9, 3: Set your trustee numbers.
  • Regardless of your option selection you now need to a choose minimum number of trustees. The recommendation is three and this is good because it reduces the risk of stalemate in making decisions should there be low board numbers. Lowering this number is not recommended but you could raise it.
  • You may need to also set a maximum number. The recommendation is twelve, larger than this may be hard to manage. The Charity Commission recommends setting a maximum.
  • If you have chosen Option 2 you will need to split this maximum. Over nominated trustees and appointed trustees.
• Section 9, 4: Add the names of your first trustees.
  • The Charity Commission recommends that you ‘stagger’ the terms of office of the first trustees to ensure that they do not all stand down at the same time. For example, if there are three trustees, one might be appointed for four years, one for three years and one for two years.
  • These individuals will also have to complete the trustee declaration form.
• Section 10: Choose an option that mirrors your trustee choices in Section 9, 3.
  • Section 9 Option 1 - choose Option 1
  • Section 9 Option 2 - choose Option 2
• Section 10 - refining option 2. If you have chosen option 2 here is where you give details.
  • Ex-officio trustees - enter the organisation name and role of the position e.g Chairman of the Parish Council
  • Nominated trustees - enter the name of the organisation who can nominate individuals to act as trustees, how many and how long the nominated trustee will hold the post.
• Section 17 – informal or associate membership
  • This is an optional clause that the Charity Commission recommends keeping if you’re considering having informal (associate) members. These members don’t have official legal status, meaning they won’t have voting rights, legal responsibilities to act in the charity’s best interests, or any financial obligations if the charity is dissolved.
• Section 19- If you would like postal or proxy voting for members there is wording in Appendix 1 of your constitution template that can be added here.
• Section 22: this covers basic electronic communication, but you can choose to add more details as outlined in Appendix 1 of your constitution template. The benefit of adding this clause is to increase flexibility for decision making through email & online voting options.

Checklist

Foundation Model Checklist

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