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Charity Setup (Trustee Peppercorn Lease to charity conflict)

Matthew Barraud CEO at Sailing Charity Posted 3 years ago

Hi All

New member, hopefully this is ok to ask.
I am in the process of setting up a charity (CIO), we have a group of trustees formed but there is some question about my eligibility to be a trustee because of a conflict of interest.
We will be a sail training charity, and will take young people sailing on a tall ship for youth development. The charity does not have access to its own vessel, but I have offered to loan the use of our boat exclusively for a peppercorn rent. There will be a requirement for the charity to maintain the vessel. If the charity had to charter a vessel the costs would be prohibitive on top of normal vessel running expenses. I suppose this is like a trustee loaning the use of a building to their charity at no cost but with the charity responsible for the upkeep of the building.

We have a clear conflict of interest policy / register of interests etc and I have formally stated in minutes/agendas and the register of interests that I will recuse myself from any discussion/vote around the vessel.
It has been suggested that perhaps I should not be a trustee because it could be seen that I am sole beneficiary but I'm not sure the detail as why this would be the case. Our objects are clearly written regarding being a youth development organisation. The charity would need to maintain a vessel if it owned its own, or leased a vessel.

There has been a suggestion that I became became founder & president but I'm not sure how this is written into a CIO foundation constitution or even if this is the right model for us. I would assume terms of reference, etc? Has anyone got any info they would happy to share?  I also worry about not having a 'seat at the table' with regard helping steer the charity with the other trustees, there are 7 in total.

I'd be interested in peoples thoughts.
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