“Officers” under the Charities Act

Confusion or ignorance within charities I frequently come across charities where it is assumed that the only people whose details as their “officers” are the trustees of a charitable trust or the committee members of a charitable society. Such perceptions are very wrong. Definition of “officer” in the Charities Act 2005 At present (as no regulations have been made to the contrary) under subsections 3 and 4, under section 4(2), an “officer”: “(a) means, in relation to the trustees of a trust, any of those trustees; and “(b) means, in relation to any other entity,— a member of the board or governing body of the entity if it has a board or governing body; and a person occupying a position in the entity that allows the person to exercise significant influence over the management or administration of the entity (for example, a treasurer or a chief executive); …” The most obvious officers are, of course, trustees of a charitable trust or members of the executive of a charitable society. However, some executive members might thing that only named office-bearers, such as the president, secretary and treasurer are “officers,” but this is quite wrong as all members of the governing board or committee are officers under. An “officer” a person who exercises significant influence over the management or administration of a charity Section 4(2)(b)(ii) makes it clear that people who occupy “a position in the entity that allows the person to exercise significant influence over the management or administration of the entity (for example, a treasurer or a chief executive)” are frequently not included among the officers notified to the...