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ARTICLE · 13 SEPTEMBER 2022

Investing With Purpose: Guidance For Trustees

Carey Olsen
Carey Olsen
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Carey Olsen

Carey Olsen

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Businesses and investors are increasingly considering relevant environmental, social and governance (ESG) factors. However, trust law may not have kept pace with this phenomenon.

BermudaCorporate/Commercial Law
Ashley Fife
Ashley Fife
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Businesses and investors are increasingly considering relevant environmental, social and governance (ESG) factors. However, trust law may not have kept pace with this phenomenon. How can trustees navigate this friction when investing in trust funds? A recent judgment provides guidance for trustees of charitable trusts wishing to align investments with their charitable purposes.

In Butler‑Sloss and Ors v Charity Commission for England and Wales and Anor,1 the England and Wales High Court (the Court) blessed the charity trustees' decision to adopt investment policies that restricted investments to those aligned with the charities' purposes, thereby excluding many potential investments. In so doing, the Court provided clarification regarding Harries v Church Commissioners for England.2

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