Should we incorporate to limit trustee liability?

Answered 17 Sep 2007 by c.cattell

One of my CAF clients is a registered charity but not a company limited by guarantee and the treasurer is resisting all requests by the board to become incorporated saying that trustees have no liabilities as the charity has insurance etc. and that they should wait for the Charity Commission Incorporation act and legislation to come into force next year.

Can you advise as to a way forward. If they become a Co Ltd by Guarantee now will it be particularly onerous and expensive to incorporate into the new system in 2008 ?

What are the steps should they take at the moment to reassure trustees and provide security ?



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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.