Constitution, governing document, articles of association, trust deed. Whatever name it goes by, it is the central document for your charity’s governance and operation.
With such regulatory weight on its shoulders, your constitution (the term I will stick to for the purposes of this article) needs to be robust, but sufficiently flexible, fit for its current purpose, and future proof.
If you are drafting your constitution for the first time to establish your charity, or reviewing your existing constitution (which ideally should be done every three to five years), here are five top tips to consider:
1: Ensure your charitable purposes are clear, appropriate and future proof
Starting with the crux of any constitution, and the key to passing and continuing to pass the statutory charity test, are your charitable purposes. The Scottish Charity Regulator (OSCR) has published a useful guide to drafting your charitable purposes, including a preferred format and illustrative examples.