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Written by Brad Askew
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Civil & Commercial Law background · Founder of LegalDocuments.co.uk
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Updated April 2026 · England & Wales
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Charity & NFP Law
BA
Written by Brad Askew Legal Tech Founder
Civil & Commercial Law background · Founder of LegalDocuments.co.uk
Updated May 2026
·
England & Wales
If you are setting up a charity in England or Wales, or joining the board of an existing one, you will come across the Trustee Declaration of Eligibility form. It is one of the key documents the Charity Commission uses to check that the people taking on trustee responsibilities are legally permitted to do so and properly understand what the role involves.
The form looks straightforward on paper, but the questions it asks cover some genuinely serious ground, including past insolvency, criminal convictions, and regulatory history. Getting it wrong, whether by careless answers or by misunderstanding a disqualification rule, can delay registration or create personal legal exposure.
This guide walks through what the declaration does, when it is needed, what trustees are signing up to, and the main pitfalls to watch for before putting pen to paper.
What this document is
The Trustee Declaration of Eligibility is a form published by the Charity Commission for England and Wales. Every prospective trustee named in a charity registration application is expected to complete and sign one. The document has two jobs. First, it asks the trustee to confirm they are not legally disqualified from acting, covering matters such as unspent convictions for dishonesty, bankruptcy that has not been discharged, disqualification as a company director, and removal from a previous trustee position.
Second, it asks them to confirm they understand and accept the duties that come with being a trustee, including acting in the charity's best interests, complying with the governing document, and managing funds responsibly. Only the current version on the Charity Commission's website should be used, because older versions do not reflect the disqualification rules introduced by later changes to charity law.
The completed forms sit alongside the main application and form part of the Commission's assessment of whether a charity can be registered.
How to use this document
01
Check whether your charity needs to register. In most cases, a charitable organisation based in England or Wales with an annual income above the Charity Commission's registration threshold must apply for registration. Smaller groups below the threshold may not need to register formally, so confirm your position on the gov.uk guidance before starting the declaration process.
02
Identify every trustee who needs to sign. Each person who will sit on the charity's governing body at the point of registration is treated as a prospective trustee and should complete their own declaration. This includes founders, chairs, treasurers, and any lay members of the board, regardless of whether the role is paid or unpaid.
03
Download the current version of the form. Only the latest version published on the Charity Commission's website is accepted. Older copies circulating online or saved from previous applications can cause the Commission to reject the submission, so always take a fresh copy directly from the official source before starting.
04
Complete the disqualification questions honestly and in full. The form asks about bankruptcy, unspent convictions, director disqualifications, removal as a trustee, and certain tax-related matters. Knowingly giving false answers is a serious matter and can amount to a criminal offence, so take time to check your own history before signing.
05
Sign, date, and submit alongside the application. Once every trustee has completed a form, attach them to the main charity registration application. Keep copies on file for the charity's own records, because the Commission may ask to see them again if questions arise during the assessment or later regulatory checks.
Common questions
QWho has to complete a Trustee Declaration of Eligibility form?
Every individual who will act as a trustee at the point the charity is registered with the Charity Commission is expected to complete one. That includes chairs, treasurers, secretaries, and ordinary board members. It applies whether the person is a founder of the charity or is joining an existing unregistered organisation that is now applying for formal registration in England or Wales.
QWhat makes someone automatically disqualified from being a trustee?
The main automatic disqualifications include undischarged bankruptcy, an unspent conviction for dishonesty or deception, being subject to a disqualification order as a company director, and having been previously removed as a trustee by the Charity Commission or the courts. Certain other regulatory findings can also trigger disqualification. The current rules are set out in the Charities Act 2011 as amended.
QCan a disqualified person apply for a waiver?
Yes. The Charity Commission has a discretionary power to grant a waiver in some circumstances, allowing a person who would otherwise be disqualified to act as a trustee. The process involves a formal application explaining why the waiver should be granted. It is not automatic, and the Commission considers each request on its own facts before reaching a decision.
QDoes the declaration need to be signed every year?
The declaration is generally completed at the point of registration or when a new trustee joins an already registered charity. It is not normally repeated annually. However, trustees have an ongoing duty to tell the charity and, where relevant, the Commission if their circumstances change in a way that would affect their eligibility, such as a later bankruptcy or conviction.
QWhat happens if a trustee gives false information on the form?
Knowingly providing false or misleading information on the declaration can be a criminal offence and may also lead to the Commission refusing registration or later removing the trustee. It can cause personal reputational damage and, in serious cases, investigation by regulators. Honest disclosure, even where something awkward needs to be mentioned, is always the safer approach.
QDo small charities below the registration threshold still need the form?
If the organisation is below the Charity Commission's income threshold for compulsory registration, it generally does not submit a registration application and so the declaration is not required at that stage. However, if the charity's income later rises above the threshold, or it chooses to register voluntarily where eligible, the trustees will need to complete the form at that point.
QIs the declaration the same thing as a DBS check?
No. The declaration is a self-reported statement about eligibility and willingness to act. A DBS check is a separate criminal records check that may be required for trustees of charities working with children or vulnerable adults. The two processes serve different purposes, and one does not replace the other. Many charities will need to arrange both depending on their activities.
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Brad Askew Legal Tech Founder
Brad has a background in civil and commercial law and founded LegalDocuments.co.uk to make clear, reliable legal information accessible to everyone. This site is not a law firm and does not provide regulated legal advice.
Legal disclaimer
This article is for general information only and does not constitute legal advice. We are not solicitors. For advice on your specific situation, please consult a qualified solicitor.
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