The Charity Commission’s guidance says that
“Trustees must take advice from someone experienced in investment matters where
they consider they need it”.
But that is easier said than done. How often
do Trustees ‘consider’ they need advice? And if they do, who do they go to get
it?
Helpfully, The Charities Commission
guidance provides a list of options for Trustees in search of help, it suggests:
·
an investment manager
·
an investment adviser (who may be independent or
tied)
·
a fellow trustee, if one of the trustees has
suitable financial experience and ability
·
some other individual who meets the criteria set
out above
It then goes on to say “Trustees need to be
careful to ensure that they receive impartial advice.”
That all sounds very straightforward but,
as with most things in life, there is scope for grey areas. To have truly ‘impartial’
advice, Trustees need to think carefully about the scope of what their advisers
will be advising them on. Investment Managers in general only advise on their
own products, so when they provide performance reviews a conflict of interest
is unavoidable. This means it’s important to explore whether Investment
Managers are suitable to give advice that relates to Charities and Endowment
fund assets, or whether this undermines the search for impartiality.
Firstly, it’s very important to say that,
in the main, Investment Managers do an excellent job for the Charities and
Endowment Funds they look after. Often providing insights into the options for
Trustees without charging for information that can help direct them to the
right strategy for them.
However, this being said, most Investment
Managers would agree that a Charity should in some capacity use an independent
consultant to review and provide comment on, not only the funds used, but
whether the strategy is fit for purpose. This oversight and help can aid
Trustees in making strategic and manager decisions. Focus on short term grant
or funding needs, whilst maintaining focus on the level of overall performance
from the Charities or Endowment assets. This can also help ensure that, on an
ongoing basis, if more suitable funds become available, the Charity or
Endowment will be made aware of their options.
When assessing fees for Charities and
Endowments compared to other institutional investors (like pension Scheme’s)
there generally seems to be a much higher costs. This, in part, will be due to
Ethical Constraints and sometimes the need to ensure portfolios are bespoke
enough to effectively manage ethical risks. Sometimes, however, this can be due
to Managers not effectively being reviewed against the relevant competition in
the market.
Ethical, Thematic and Social investing is a
hugely powerful tool that Charities have to actively ensure the money they hold
on behalf of their good causes is used to better society. Sometimes, it’s hard
to know what’s available without seeking an independent consultant who has spent
time searching the market, even going so far to look for funds that link with
stray cat charities… There’s something for all charities out there. It’s just
really important that Trustees spend time seeking out the questions they need
to ask if they want to get the answers they need.
As a new Trustee, I’ve also found it
difficult to give advice to my Board without feeling personally liable for
advice I provide. How can we encourage appointment of Trustees who have the
right skill set to provide invaluable investment advice, without undue
additional risks being placed on them personally? Possibly for sums of money
they cannot afford to be personally liable for? Although this would be a great
option for Charities and Endowments, it seems a heavy responsibility for the individual
Trustee trying to be helpful to a Charity it has promised to give service to.
What is the answer?
I’m afraid it’s difficult to say. Whilst truly
‘impartial’ advisers cost money, they also offer value – they are the most independent and most easily
able to access the different options in the market easily.
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