Can the staff appoint the trustees?

I am part of a relatively large independant church which is a registered charity. The deed of Trust (1986) states that Trustees may be appointed by the 'elders' (or recognised spiritual leaders), that there should be at least 3 trustees and that trustees receiving remuneration should not be in a majority. Over the past 18months or so, changes to board members and evolving staffing requirements has led to a situation where the 'elders' are now mostly paid staff members - pastors/ministers.

The deed is not explicit concerning the status/configuration of the 'elders' and does not state whether they may be paid or not.

The elders have been seeking to strengthen the board and expect to appoint additional trustees shortly.

A governance query has now arisen as to whether this situation would be acceptable to the Commission and if not, what action may be taken.



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Charlie Cattell is a specialist in legal and governance matters relating to social enterprises, charities and voluntary organisations, assisting a wide range of groups with legal structures, organisational management, and regulatory issues.