Commission updates COVID guidance [IN JANUARY the Charity Commission
updated its guidance for charities operating in the COVID pandemic. The guidance recognises that it should now be possible for charities to move to back to face-to-face meetings and hold any outstanding AGMs or other meetings. However, the commission says, the coronavirus continues to have an impact on charity events and trustees may still need to consider how and if they can hold meetings. For instance, trustees should check if their charity’s governing document allows them to hold meetings online, by telephone or on a hybrid basis – with some people meeting face to face and others joining virtually. If the governing document does not allow online, telephone or hybrid meetings they should consider if there is any power they can use to amend the rules to allow those types of meetings. For some charities, trustees may consider that holding a virtual or hybrid AGM or other required meeting is not a viable solution. It may also not be possible for them to move immediately back to face-to-face meetings. In these circumstances trustees may consider they have no choice but to cancel or postpone. If they do consider such a decision is necessary, they should follow any rules in
the charity’s governing document that allow for postponement or cancellation. The guidance states: “If your governing document does not allow you to postpone or cancel meetings you should use any power (usually in your governing document) to amend the rules to ensure you can hold meetings in a valid format. You should update the governing document and approve any previous decisions as soon as possible.” Trustees should regularly consider the wider risks and implications of holding meetings remotely or postponing or cancelling meetings if this is not allowed by the charity’s rules, and if they plan to do something that is not in accordance with the rules in the charity’s governing document, the Charity Commission may be able to give advice or authorise the
trustees’ actions. They should contact the commission about their plans as soon as they reasonably can. The commission states: “Since the start of the pandemic we have generally been understanding and taken a proportionate approach if trustees have decided to hold meetings on a remote or hybrid basis or postpone or cancel a required meeting where: • There are no rules allowing this in your • governing document • The circumstances meant the trustees • could not reasonably make prior changes • to the governing document to allow this • The trustees can show that they have • considered all relevant factors and • possible alternatives – such as, if • postponing or cancelling, holding the • meeting on a remote or hybrid basis • The trustees follow all the other rules on • meeting governance “We will continue to take this approach in the short term as restrictions are lifted, provided that trustees can show their decision is in the best interests of the charity having taken all the circumstances into account. However, others affected by those decisions may take a different approach, so you should take advice and fully understand the implications of any decisions you make.” q
Legacies provide a lifeline at Oak Tree
[LEGACIES ARE VITAL to the animals of Oak Tree Animals’ Charity:
they would not have been able to move to their current home at Oak Tree Farm, Carlisle in 1982 without generous gifts through wills. All donations, regardless of size, provide a lifeline to the animals at Oak Tree. More than half of the work carried out there is paid for by legacy gifts, and they couldn’t help the number of animals they do without them. Choosing to leave a gift in a will is an exceptionally personal way to help. One supporter who chose to leave a legacy to Oak Tree explained her decision: “My lifelong love for animals and the knowledge that my gift will help support and rehome unwanted animals at Oak Tree Animals' Charity in the future gives me a great sense of happiness. I wish more people would support animal charities like Oak Tree and be part of their incredible work. I want to help Oak Tree Animals' Charity continue its wonderful work for many years to come. It is comforting knowing that I will still be able to support animals long after I am gone.” To find out more about Oak Tree Animals’ Charity, or to enquire about leaving a gift in your will, visit www.oaktreeanimals.org.uk or email fundraising@oaktreeanimals.org.uk. q
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