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What is a Custodian Trustee?

Usually ‘trustees’ means the Managing Trustees. Managing Trustees are the people responsible under the charity’s governing document for controlling the charity’s management and administration.In the governing document they may be called committee members, governors, directors, or some other title. Sometimes a charity also has custodian or holding trustees, whose function is solely to hold its property. Custodian or Holding Trustees usually have no power to make management decisions and must act on the lawful instruction of the Managing Trustees. Our guidance, The Essential Trustee explains what is expected of someone who is appointed as a charity trustee.

The Catenian Benevolent Fund Trustees

John Hogan Chairman

Peter Devine Trustee

Dr David Brinkley Trustee

David Cawdery Vice Chairman

Denis Murphy Trustee

Mark Allanson Trustee

John Colligan Trustee

Kevin Rafferty Trustee

Mrs Jean Harkin Trustee

The Catenian Association & Benevolent Fund

There is a close relationship between the Association and the Benevolent Fund but it is important to note that they are two separate legal entities with different Objects.

This information includes a number of references to the Association’s Constitutional Documents. Arguably, the most important of these is the Principles. Even before their articulation in the 2016 Constitution, the Aims and Values of the Association have been applied for many years in a harmonious relationship between the Association and the Trustees of the Benevolent Fund.

Things that link the two bodies include:

  • Central Council is the appointing body for the Charity’s Trustees;
  • The Trustees traditionally have appointed the Association Treasurer to the Investment Subcommittee;
  • There is an open invitation for Directors and Presidents of the National Councils to attend and observe meetings of the Trustees;
  • Each Director is an ex officio member of all the Circle Benevolent Boards in his Province and has direct access to the Trustees in regard to any Benevolence case in his Province;
  • When there have been proposals to amend the Governing Document of the Charity, the Trustees have consulted with members of the Association (as actual or potential benefactors and beneficiaries) before submitting the final application to the Charity Commission
  • At the end of each Trustees’ meeting, visitors are asked if they have any comments they wish to make about the meeting or any benevolence matter. Any comments received are noted in the Minutes and considered either during the meeting or at a later meeting.

The last of the above list is important because it gives the Association an opportunity to raise any problems that it perceives with the way the Benevolent Fund is administered.

THE BOARD OF TRUSTEES

The composition of the Board of Trustees is also noteworthy. Trustees have been appointed by Grand/Central Council at various times, invariably having been proposed by the extant Trustees after being identified as having some area of professional expertise that would strengthen the Board. Thus a balance of experience has been maintained over a long period. The current nine Trustees have direct experience at a senior level in at least one of; Law, Medicine, Accountancy, Banking, Fund Management, IT Systems and Human Resources.

When acting as individual Catenians, Trustees must each abide by the Constitutional Documents (Article 2.3 of the Constitution).

However, the Charity and the Custodian Trustee are legal entities that are separate from the Association. Thus, when acting as a Board, members who are Trustees can only make decisions that they believe will further the Objects of the Charity.

The following guidance below is relevant to the Trustees’ position:

https://www.gov.uk/government/publications/the-essential-trustee-what-you-need-to-know-cc3/the-essential-trustee-what-you-need-to-know-what-you-need-to-do