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No majority residency requirement for trustees of charities registered in England and Wales: eligibility, HMRC fit and proper test, DBS, and governance considerations when appointing overseas trustees

Published on: 09 July 2025

Published by a LexisNexis Private Client expert
Legal News
Article summary

See Q&A: Is there any requirement for the majority of the trustees of a charitable trust registered with the Charity Commission of England and Wales to be resident in England or Wales?

There is no legal rule requiring most trustees of a Charity Commission‑registered charity to live in England or Wales. Provided the governing document allows it and eligibility is satisfied, you may appoint a trustee based outside the UK, including:

  • non‑British citizens
  • British citizens living overseas
  • people holding temporary visas
  • asylum seekers residing in the UK

Every trustee must still be eligible and meet the relevant criteria. Under charity law, a person cannot act if disqualified, for example due to:

  • convictions for specified offences
  • inclusion on the sex offenders register
  • bankruptcy
  • removal from an earlier trusteeship for misconduct

Trustees must also meet minimum age requirements and, where applicable, undertake Disclosure and Barring Service (DBS) checks...

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