Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Investment definition

What does Investment mean? In practice, investment describes an asset or bundle of rights committed in a host state with the aim of generating a return. In investor-state work, the operative definition is treaty-specific: most bilateral investment treaties (BITs) and the Energy Charter Treaty use broad, asset-based lists covering, where applicable, tangible and intangible property located in the territory, shareholdings and other equity interests, contractual rights (including concessions), intellectual property, and loans or claims to money, subject to stated carve-outs. The ICSID Convention does not define investment; tribunals assess jurisdiction by the treaty text and case law, commonly considering a contribution of resources,...

Charity trustees’ use of agents, nominees and custodians: powers, appointments, statutory conditions, liabilities and review duties (England and Wales)

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Practice notes

While many charities prefer to manage and handle their own investments, for some this falls outside their capacity, whether due to insufficient expertise, limited time, or a shortage of staff. In such cases, it is sensible to look at employing agents, nominees and/or custodians.

Agents

Section 11 of the Trustee Act 2000 (TrA 2000) specifies—at least for unincorporated charities—the powers available to trustees, supplementing those in their governing document, to delegate particular functions to agents. Accordingly, trustees may, under these powers, pass on defined responsibilities to an agent for the purposes permitted.

For TrA 2000, s 11, the Charity Commission explains that ‘delegate’ means a person undertaking a prescribed duty on behalf of the trustee body as a whole. In this setting, the delegate is the agent appointed to perform a defined task. An agent should not be appointed, or continued in post, without a clear and specific purpose to fulfil. The appointment should be tied to that mandate and not maintained without that specific purpose...

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Web page updated on 21/05/2026

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