Tabernacle Baptist Church Charitable Trust
Tabernacle is registered as a charity (No252645). The Trustees who have been elected by the membership have responsibilities to manage the affairs of the church in line with legislation.
The current trustees are:
DW Jones (Secretary)
D Brookes (Chairman & Treasurer)
The Trustees may be contacted by writing to the secretary:
Mr DW Jones, 58 Cemetery Road
Tabernacle English Baptist Church Charitable Trust Constitution
adopted 18th November 2001
The Trust shall be known as the ‘Tabernacle English Baptist Church’ (“the Charity”).
Subject to the matters set out below the Charity and its property shall be administered and managed in accordance with this constitution by the members of the Trustees, constituted by clause 6 of this constitution (“Trustees”).
The object of the Charity is the advancement of the Christian religion in accordance with the principles and practices of independent Baptist churches.
In furtherance of the object but not otherwise the Trustees may exercise the following powers t
- receive or solicit funds;
- make contracts, employ staff and incur expenditure;
- open bank accounts;
- organise meetings;
- publish literature;
- affiliate with any similar Association;
- Do any lawful thing calculated to secure the promotion of any of the above aims.
- Membership of the Charity shall be open tProfessing baptised evangelical Christians subject to successful interview with one of the church elders.
- Every member shall have one vote at meetings of the full membership of the Charity.
- The Eldership on behalf of the Trust may unanimously and for good reason terminate the membership of any individual: provided that the individual concerned shall have the right to be heard, accompanied by a friend, before a final decision is made.
- The office of elder is one of spiritual leadership for the church. The elected elders will be joined by those employed by the church as ministers who shall act equally in determining the spiritual teaching and leadership of the church. The elders will regularly meet to decide on these aspects. They will elect a chairman from amongst themselves.
- The office of deacon is one of concern for the material, fabric and finances of the church. The role also includes care for the welfare and unity of the church.
- The Elders and Deacons are the persons having general control and management of the administration of the charity. All these persons shall normally make up the Trustees. However, an Elder or Deacon may at their request refrain from the role of Trustee.
- There shall be a minimum of 3 Trustees and a maximum of 30.
- From time to time the membership of the church will elect persons from among themselves to the offices of elder or deacon.
- Trustees hold office for life, until they leave membership, resign or are removed from office whichever comes first.
- The proceedings of Trustee meetings shall not be invalidated by any vacancy among their number or by any failure to appoint or any defect in the appointment or qualification of a member.
- Nobody shall be appointed as a member of the Trustees who is aged under eighteen years or who is not an individual member of the Charity.
7. Determination of the Trustees
A member of the Trustees shall cease to hold office if he or she:
- is disqualified from acting as a member of the Trustees by virtue of section 45 of the Charities Act 1993 (or any statutory re-enactment or modification of that provision);
- becomes incapable by reason of mental disorder, illness or injury of managing and administering his or her own affairs;
- is absent without the permission of the Trustees from all church meetings within a period of six months and the Trustees resolve that his or her office be vacated;
- notifies to the Trustees a wish to resign (but only if at least three members of the Trustees will remain in office when the notice of resignation is to take effect); or
- Ceases to be a member of the Charity.
8. Honorary Officers
At a meeting normally called by the Chairman or Secretary, the Trustees shall elect from their number a Chairman, together with an Honorary Secretary and a Treasurer for the Charity.
9. Eldership & Senior Minister
The Charity shall have an Eldership, consisting of representatives appointed by the majority of charity members (see clause 5) present at a meeting called for that purpose. The Eldership shall meet periodically to consider general policy issues for the Charity. Their decisions will come before the Trustees and charity membership for review. The Eldership shall also be responsible for the spiritual leadership and teaching of the church.
10. Trustees to be personally interested
- Subject to the provisions of sub-clause 2 and 3 of this clause no member of the Trustees shall acquire any interest in property belonging to the Charity (otherwise than as a trustee for the Charity) or receive remuneration or be interested (otherwise than as a member of the Trustees) in any contract entered into by the Trustees.
- Any member of the Trustees for the time being who is a solicitor, accountant or other person engaged in a profession may charge and be paid all the usual professional charges for business done by him or his or her firm when instructed by the other members of the Trustees to act in a professional capacity on behalf of the Charity: provided that at no time shall a majority of the members of the Trustees benefit under this provision and that a member of the Trustees shall withdraw from any meeting at which his or her own instruction of remuneration, or that of his or her firm, is under discussion..
- The Senior Minister will be a member of the Eldership and a Trustee and may be remunerated notwithstanding that they are a Trustee. Any remuneration must be reasonable in relation to the post held or service rendered. The minister must withdraw from any meeting of the trustees at which his appointment, remuneration or other terms of employment are discussed.
11. Meetings and Proceedings of the Trustees
- The Trustees shall hold at least one ordinary meeting each year. A special meeting may be called at any time by the Chair or by any two members of the Trustees upon not less than 7 days notice being given to the other members of the Trustees of the matters to be discussed. The Chair shall act as Chair at meetings of the Trustees. If the Chair is absent from any meeting, the members of the Trustees present shall choose one of their number to be Chair of the meeting before any other business is transacted.
- There shall be a quorum when at least one third of the number of members of the Trustees or three members of the Trustees, whichever is the greater, are present at a meeting.
- Every matter shall be determined by a majority of votes of the members of the Trustees present and voting on the question, but in the case of equality of votes the Chair of the meeting shall have a second or casting vote.
- The Trustees shall keep minutes, in books kept for the purpose, of the proceedings at meetings of the Trustees and any sub-committees.
- The Trustees may from time to time make and alter rules for the conduct of their business, the summoning and conduct of their meetings and the custody of documents. No rule may be made which is inconsistent with this constitution.
- The Trustees may appoint one or more sub-committees. These committees may consist of one or more members of the Trustees, and other members of the Charity, for the purpose of making any inquiry or supervising or performing any function or duty which in the opinion of the Trustees would be more conveniently undertaken or carried out by a sub-committee: provided that all acts and proceedings of any such sub-committee shall be fully and promptly reported to the Trustees.
- Trust meetings may be held by electronic means, provided that no Trust member is excluded from participating as a consequence.
12. Receipts and expenditure
The funds of the Charity, including all donations, contributions and bequests, shall be paid into an account operated by the Trustees in the name of the Charity at such bank or other financial institution, as the Trustees shall from time to time decide.
The funds belonging to the Charity shall be applied only in furthering the object.
The Diaconate shall manage funds as a sub committee of the Trustees reporting annually to the Trustees and membership. The Honorary Treasurer may have powers delegated to them by the Trustees.
- Subject to the provisions of sub-clause (2) of this clause, the Trustees shall cause the title t
- all land held by or in trust for the charity which is not vested in the Official Custodian for Charities; and
- All investments held by or on behalf of the charity; to be vested either in a corporation entitled to act as custodian trustee or in not less than three individuals appointed by them as holding trustees. Holding trustees may be removed by the Trustees at their pleasure and shall act in accordance with the lawful directions of the Trustees. Provided that they act in accordance with the lawful directions of the Trustees, the holding trustees shall not be liable for the acts and defaults of its members.
- If a corporation entitled to act as custodian trustee has not been appointed to hold the property of the charity, the Trustees may permit any investments held by or in trust for the charity to be held in the name of a clearing bank, trust corporation or any stockbroking company. These would be a member of the International Stock Exchange (or any subsidiary of any such stockbroking company) as nominee for the Trustees, and may pay such a nominee for the Trustees, and may pay such a nominee reasonable and proper remuneration for acting as such.
The Trustees shall comply with their obligations under the Charities Act 1993 (or any statutory re-enactment or modification of that Act) with regard t
- the keeping of accounting records for the Charity;
- the preparation of annual statements of account for the Charity;
- the auditing or independent examination of the statements of account of the Charity;
- the transmission of the statements of account of the Charity to the Commissioners;
- The appointment of an external examiner or auditor at the Annual General Meeting.
15. Annual Report
The Trustees shall comply with their obligations under the Charities Act 1993 (or any statutory re-enactment or modification of that Act) with regard to the preparation of an annual report and its transmission to the Commissioners.
16. Annual Return
The Trustees shall comply with their obligations under the Charities Act 1993 (or any statutory re-enactment or modification of that Act) with regard to the preparation of an annual return and its transmission to the Commissioners. All members have a right to see the annual return.
17. Annual General Meeting
- There shall be an Annual General Meeting (AGM) of the Charity, which shall be held in the month of March each year or as soon as practicable thereafter.
- The Chairman shall call every AGM. The Honorary Secretary shall give at least six weeks’ notice of the Annual General Meeting and two weeks’ notice of the agenda to all members of the Charity. All members shall be entitled to attend and vote.
- The Honorary Officers shall present to each AGM the report and accounts of the Charity for the preceding year.
18. Special General Meetings
The Chairman or the Trustees may call a special general meeting of the Charity at any time. If at least 12 individual members of at least 12 months’ standing, request such a meeting in writing stating the business to be considered the Honorary Secretary shall call such a meeting. At least six weeks’ notice must be given. The notice must state the business to be discussed.
19. Procedure at General Meetings
- The Honorary Secretary or other person specially appointed by the Trustees shall keep a full record of proceedings at every general meeting of the Charity.
- There shall be a quorum when 15 individual members of at least 12 months’ standing are present at any general meeting.
Any notice required to be served on any member of the Charity shall be in writing and shall be served by the Honorary Secretary of the Trustees or any member either personally or by sending it through the post in a prepaid letter addressed to such member at his or her last known address in the United Kingdom, and any letter so sent shall be deemed to have been received within 10 days of posting.
21. Alterations to the Constitution
- Subject to the following provisions of this clause the Constitution may be altered by a resolution passed by not less than two thirds of the members present and voting at a general meeting. The notice of the general meeting must include notice of the resolution, setting out the terms of the alteration proposed.
- No amendment may be made to clause 1 (the name of charity clause), clause 3 (the object clause), clause 10 (Trustees members not to be personally interested clause) clause 23 (the dissolution clause) or this clause without the prior consent in writing of the Commissioners.
- No amendment may be made which would have the effect of making the Charity cease to be a charity at law.
- The Trustees should promptly send to the Commissioners a copy of any amendment made under this clause.
If the Trustees decide that it is necessary or advisable to dissolve the Charity it shall call a meeting of all members of the Charity, of which not less than six weeks’ notice (stating the terms of the resolution to be proposed) shall be given. If the proposal is confirmed by a two-thirds majority of those present and voting the Trustees shall have the power to realise any assets held by or on behalf of the Charity. Any assets remaining after the satisfaction of any proper debts and liabilities shall be given or transferred to such other charitable institution or institutions having objects similar to the object of the Charity as the members of the Charity may determine, or failing that shall be applied for some other charitable purpose. A copy of the statement of accounts, or account and statement, for the final accounting period of the Charity must be sent to the Commissioners.
This constitution was adopted on the 18th November 2001 following a ballot of the Church membership. This constitution amends and supersedes all previous constitutions.
David Brookes, Chairman of the Trusees
18th November 2001