Model Governing Documents for Independent Churches

Three Model governing documents for independent churches, together with related guidance notes on preparation and submission to the Charity Commission for approval, are downloadable as PDF files  or Word documents (see below). The key aims are to manage any potential conflict of interests, make clear the difference between trusteeship and spiritual leadership and ensure that those leading the spiritual direction of a church can also hold appropriate responsibilities for charity governance.

These documents were produced by the collaborative work of the Evangelical Alliance, the African and Caribbean Evangelical Alliance (ACEA), Anthony Collins (solicitors), Stewardship and the Charity Commission.

The model governing documents are designed primarily for new, independent churches. They are intended to provide an appropriate framework for the governance arrangements of a church, but it is expected that in the majority of cases the documents will still need to be tailored to fit the particular circumstances of the church in question. Permission is not required from Evangelical Alliance or ACEA to use the documents. It should be noted that the Charity Commission will not simply rubber-stamp the application for charitable status, but will consider it in the usual way. The advantage of using a template document is that it contains all of the clauses the Charity Commission require and provided it is not amended hugely should, therefore, be acceptable to the Commission. This does not, however, mean that the Commission will not question other issues such as the proposed activities of the church or whether the structure of the church in practice fits with the proposed governing document.

The question of which structure is appropriate (charitable company with Memorandum and Articles, charitable Association with a Constitution or charitable Trust with a Trust Deed) will also need to be considered on each occasion to ensure that the governing documentation which is used fits how the church operates or intends to operate on a day to day basis. If necessary, professional advice should be taken on this point. Please note that Evangelical Alliance is not able to advise on specific applications for Charity Commission registration.

It is possible that other churches may wish to use some or all of the provisions in the model documentation. The extent to which it is possible to do this will depend upon the church's existing legal form, whether or not it currently has any form of written governing document and, if such governing documentation exists, the extent to which the governing documentation allows for it to be supplemented or replaced. It is recommended that any existing church wishing to utilise the model documents should obtain legal advice as regards whether or not this is possible and if so the process which needs to be followed to effect the changes.

Downloads:
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Model Memorandum and Articles of Association Word Version 
Model Memorandum and Articles of Association

Model Trust Deed Word Version 
Model Trust Deed 

Model Constitution Word Version 
Model Constitution 

Guidance for Memorandum and Articles of Association
Guidelines for Trust Deed 
Guidelines for Constitution 

The model Memorandum and Articles of Association and guidelines for Memorandum and Articles of Association have recently been revised to include changes introduced by the Companies Act 2006.

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