This Guidance sets out some of the key points to consider if your charity has investments or is thinking about investing and how your duties as charity trustees apply. It is intended to help charity trustees feel confident and informed as they approach this aspect of their charity’s finances. It is not detailed guidance on all the requirements of the Charities and Trustee Investment (Scotland) Act 2005 (the 2005 Act), but should help you make decisions about your money today and in the future, keeping in mind the duties of charity trustees.
Legal requirements are something that the law says you must do and are highlighted by the ‘Legal Duty’ icon:
Good practice is not required by law but is something you could do to help make sure that your charity is doing its best to comply. What is good practice for your charity might depend on the size or type of charity you are. Examples of good practice are highlighted by the ‘Good Practice’ icon:
This Guidance is not intended to provide detailed guidance on investments and finance. It does not constitute investment advice and does not cover the tax implications of investments. Charity trustees should always take appropriate advice where necessary – see sources of help and advice.
This Guidance is not intended to provide detailed guidance on investments and finance. It does not constitute investment advice and does not cover the tax implications of investments. It is not intended as a detailed commentary on the law underpinning this area. Charity trustees should always take appropriate advice where necessary – see sources of help and advice.
This Guidance is for:
Myth busting
Charity law is not the same across the UK. It’s important to be aware that charity law in Scotland is different to the law which applies to charities in England and Wales. This means information you read from sources in England and Wales may not apply in Scotland.
OSCR publishes general guidance for charities, but can’t provide specific advice on the full range of things which affect your charity’s finances. You may need to consult an adviser for professional help and support, such as a lawyer, accountant, investment manager, financial planner or other consultant.
These organisations in England and Wales have reference material on some of the areas set out in this Guidance, including examples of investment policy statements. These don’t fully reflect the law and regulation in Scotland, however the materials available may provide useful information or assist with charity trustee discussions:
OSCR is grateful to the following people for their support and assistance in producing this guidance:
Co-author and project manager:
Reference group: