Academy Trust Governance: The role of members and “persons with significant control”

All academy trusts (“Trusts”) are private companies limited by guarantee and are therefore subject to company law and specifically the provisions of the Companies Act 2006. The Articles of Association form the Trust’s constitution and are in effect a contract between the company and its members (there are no fines for noncompliance with the Articles). As an exempt charity (i.e. exempt from registration) the Trust is also subject to charity law and the provisions of the Charities Act 2011. The principal regulator is the Secretary of State for Education (“SoS”).