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Archita Bhattacharjee
| Updated: 27 Apr, 2020 | Category: NGO, Trust

Know Everything about President, Secretary and Treasurer of a Trust

Treasurer of a Trust
Reading Time: 7 minutes

President, Secretary, and Treasurer are the volunteer to serve the best to the Trust organization with super limits of knowledge. This blog will outline some of the collective responsibilities of officers together with standards of conduct of President, Treasurer, and Secretary. However, to be sure, you must analyze the Bylaws of the land, commercial records, and other governing brochures of your trust.

Overview of President, Secretary, and Treasurer 

A President is the ambassador of a trust, who needs to take overall executive responsibility for the administration and management. President is typically powered and directly responsible for all the arrangements of trust to carry out smoothly and the orders of the board of directors as well. Generally, the President gets elected by the Board of Directors of the Trust.

The Treasurer of Trust is known to be the chief financial officer of the trust. He is the person accountable for controlling monetary complications, making reports, recording finances, and managing the trust bank accounts. Meanwhile, the Original fiscal policy of the trust possibly will rest in the hand of the Board of Directors. Although the fact says, the President will control the larger part of the finances on day to day basis.

The Secretary is the person who is ordinarily accountable for maintaining daily corporate records. The Secretary is one who obliges to perform the role of circulating information to all members and stakeholders of the trust. Additionally, the Secretary is expected to furnish all the work in close co-operation with the Chairperson. It is because, as the Secretary compliments the Chair’s agendas and helps to discharge the duties efficiently.

What are the common Personal skills and qualities of President, Treasurer, and Secretary of Trust that should maintain?

  • Management skills
  • Should have Experience of chairing meetings and organization work
  • Convincing skills 
  • Intelligence as well as diplomacy 
  • Should concede excellent presentation and interpersonal talents 
  • Should have impartiality, integrity and the ability to respect the spirit of confidence

What is the common Liability for breach of trust by the President, Treasurer, and Secretary of the Trust?

  • They may be getting held liable if they act carelessly or dishonestly, and the trust suffers damage as a result of their operations.
  • Unlikely that they will be found personally responsible if they have worked honestly and fairly 
  • The courts are unwilling to find them liable except in cases of fraud or gross negligence.

What will be the Common Liability to third parties?

  • Trust organizations have their legal character – in which contracts in the name of the trust can be held liable. 
  •  The organization is accountable for its securities of debts, not the members and administrators. 
  • Administrators liability is limited to giving a nominal amount towards the assets of the trust if it is broken or insolvent
  • They can be personally liable for:
  1. Working as a charity administrator when disqualified
  2. Incompetent to comply with applicable statutory provisions in areas such as wellness and security, trust law and commercial services 
  3. Incompetent to subtract an employee’s pays if any

President of a Trust – What are the Duties and Powers of a President in a Trust?

  • President supervises and presides the meetings of the trust
  • The President holds power to arrange Special Meetings of the Trust.
  • The President simplifies the resolutions made by the executive board meetings.
  • The President is responsible for preparing files, required documents, and reports of the trust.
  • The President has the power to appoint people used for chairs aimed by Committee deliberations.
  • The President needs to maintain proper communications with the advisers, alumni, affiliated departments, and Partners of Trust.
  • The President should maintain an adequate connection with the trust and with all the national as well as international organizations.
  • The President must represent the trust in different official functions and Universities as the spokespersons.
  • The President has the power to act as the secondary signatory for all the financial accounts deliberations and permits.
  • The President should mandatorily assist the executives by following up the trust works.
  • The President should act impartially during the process of resolution on something and make decisions.
  • The President is expected to motivate the officers of the trust and members.

How to Choose the Trust’s President?

The Nomination Committee manages the appointment procedure of the President, which is known as the Board of Trustees of the Trust. The committee is responsible for identifying a series of candidates who can exemplify the morals and standards needed for the trust. The candidate should also be liable to make recommendations to the Board of Trustees. During the Annual General Meetings, the candidature application will be voted based on skills and capabilities.

Read our article: What is Religious Trust?

Secretary of a Trust What are the Duties and Powers of a Secretary in a Trust?

  • The Secretary is responsible for ensuring all facilities for the activities of the trust.
  • The Secretary is responsible for keeping all the records of the members and activities associated with the trust
  • The Secretary should prepare suitable agendas in association with President of the Trust for all the Meetings.
  • The Secretary is obliged to give timely notice to members of the meetings and arrange Unique Calendars for the events of trust.
  • The Secretary should distribute the minutes of meetings and maintains the attendance of the trust.
  • The Secretary is known to be the Coordinator who manages all the records, storages, and reported files of the trust.
  • The Secretary is also answerable to the mail from the adviser or mails received from anywhere of the trust.
  • At the least, but not the last, the Secretary should remain intact with the impartiality and fairness towards the decision-making process directed by the President.

What are the Main Appearances of a Secretary of Trust?

  • The Secretary Should be able to understand and expressive to the crucial issues of the trust.
  • The Secretary should adhere to legal knowledge to Understand legal necessities. 
  • The Secretary should be well-versed with different documentation methods.
  • In some matters, the Secretary will perform more helpful to the Chairpersons in small organizations due to the absence of the Vice-Chair Person.
  • The Secretary should comprehend keen management oversights.

What is the Election process of Secretary in a Trust? 

  • Notwithstanding the rules of Companies and Societies, the trust ought not to concede General Body by which the Secretarial Governing Body gets designated. In this way, the group of Trustees of Trust forms the Operative Governing Body of the Trust to regulate the election procedure or the mandatory Governing Body compliances.
  • The election of the Secretary gets conducted by the means as placed and described in the official documents as well as the Trust Deed. The election polls are to be done on a representative basis. In general, the Trustees elect a Secretary of the Trust by the right amount of deliberations and discussions among themselves by counting votes. The Duties and Powers will be applicable as per the direction defined under the signed Trust Deed[1].
  • However, it can be said that a Trust doesn’t need to elect a Secretary for the trust compulsorily. Therefore, in some cases, the Trustee completes the role and duties associated with the Secretary in the Trust organization.

Treasurer of a TrustWhat are the Duties and Powers of a Treasurer in a Trust?

  • The Treasurer should be familiar with the accounting procedure of the trust.
  • The Treasurer has to fulfill all the responsibilities being the Primary Signatory for all sorts of Financial Reports and Accounts Statements.
  • The Treasurer should serve as Prime chair for the Financial Committee of the Trust.
  • The Treasurer has to pay bills and collects all the dues of the trust.
  • The Treasurer should prepare the annual budget and financial records of the trust.
  • The Treasurer maintains all the monetary history of the trust, which also bounds him to provide financial summary records to the advisors during the end of the fiscal year.
  • The Treasurer should advise the members of the trust on every financial matter, which may include vendors, selling procedures, fillings etc.
  • The Treasurer should prepare for the purchase orders, process for requisitions forms, or to fulfill supply demand.
  • The Treasurer must coordinate with the essentials of fundraising mechanism along with the solicitations as per requirement.
  • The Treasurer has the responsibility to file lodges on stolen or lost tools of the trust.
  • The Treasurer has to maintain an inventory for all the monetary equipment of trust and can routinely attend the Official events too.
  • The Treasurer should also remain intact with the dedication to stay impartial overall task and decisions to perform directed by the President of the Trust.

What is the procedure for the Election of Treasurer in a Trust

  • Notwithstanding the rules of Companies and Societies, the trust ought not to concede General Body by which the Treasurer Governing Body is designated. In this way, the group of Trustees of Trust forms the Operative Governing Body of the Trust to regulate the election procedure or the mandatory Governing Body compliances.
  • The election of the Treasurer gets conducted by the means as placed and described in the official documents as well as the Trust Deed. The election polls are to be done on a representative basis. In general, the Trustees elect a Treasurer of the Trust by the right amount of deliberations and discussions among themselves, by counting votes too. The Duties and Powers of the Treasurer will be applicable as per the direction defined under the signed Trust Deed.
  • However, it can be said that a Trust doesn’t need to elect a Treasurer for the trust compulsorily. Therefore, in some cases, the Trustee completes the role and duties associated with the Treasurer in the Trust organization.

What are the critical Appearances of a Treasurer?

  • The Treasurer should be a suitable person compatible with the virtues and skill set required for the trust
  • The Treasurer should contain set to oversight funds, financial procedures, and the Board standards and controls the accountability standards for the trust.
  • The Treasurer should maintain high integrity and accountability at an individual platform. 
  • The Treasurer is required to set the tone at the top in parts of responsibility and clearness on works. 
  • The Treasurer has to keep in mind that the controls and the oversight functions are not to be concentrated at the same point. It is because since those can be different in terms of primary duties and Secondary Functions of the Treasurer.
  • The trust operates on donations, and a sound financial administration system delivers a safeguard from possible threats. It is not easy to afford to hire a full-time or practiced accountant. Therefore, it is essential to have an experienced Treasurer for the trust.

How to be an Effective Treasurer?

  • The Treasurer should Develop and impose healthy internal controls and financial super visionary policies for the trust.
  • The Treasurer should ensure correct and complete commercial writing and proper maintenance of financial records for yearly filings and returns.
  • The Treasurer should regularly evaluate the parameters of business risks and work upon such risks to get mitigated as soon as possible.
  • The Treasurer should keep a calendar of filing requirements and cut-off dates for ensuring any future shifts on work.
  • The Treasurer should have clear assignments with adequate backups to ensure the credibility which needs to meet in a timely manner
  • The Treasurer should have the organization’s financials audited every time required by the trust.

What are the Traps to avoid being a Treasurer?

  • You should neglect to easy access of the Trust funds and also control of the organization’s assets from leakages.
  • You should not fail to keep and share with the board correct and timely financial accounts of the trust.
  • You should not use Form 990 just as a business report and not a severe promotional as well as a communicational tool.
  • You should not provide details of legal and tax as advice to donors about the deductibility of contributed donations.

Conclusion

This article has aimed to the general public to help them to know the impact of persons who holds such positions and to refine their understanding. By Composing the President, Secretary, and Treasurer of the Trust, it makes up the group committee for trust. These are the vital legs and arms of any Trust, which enables the organizations to run smoothly and in a correct pathway. We at Corpbiz have experienced professionals to help you with the process of appointments of President, Treasurer, and Secretary for your Trust or to handle all by us. Our professional will ensure the successful and timely completion of your work.

Read our article:Guide: Registration Aspect of Educational Trust

Archita Bhattacharjee

Archita Bhattacharjee is working as Legal Analyst (Team Lead, Research & Development) at Corpbiz and has proving experience about 2 years as Corporate Legal Researcher in law firms as well as Rajya Sabha and authors in diverse publications. She has refined her skills by representing India in Paris, France and the University of Leiden over implications of International Humanitarian and Criminal Law being certified member of many Legal Centers.

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