1. A Fund is hereby set up by The St Andrew Society to be known as The Scottish
Flag Trust (also referred to as the National Flag Trust) and donations to said
Fund will be invited.
2. The purposes of the Fund, at the discretion of the Trust aforementioned, will be:-
- the advancement of the heritage of the birthplace of Scotland’s national flag – the St Andrew’s Cross or Saltire – including the maintenance and upkeep of the Saltire Memorial and associated floodlighting and the Flag Heritage Centre located within Athelstaneford Kirkyard, East Lothian;
- the advancement of the education of the public at large and Scots in particular as to the origins of Scotland’s national flag, and the encouragement of the proper use of the flag, both within and outwith Scotland.
3. An account or accounts will be opened with a Bank or Building Society, as may be chosen by the Trustees, and all donations shall be paid into one or other of these accounts.
4. There shall be a minimum of six and a maximum of eight Trustees, duly appointed from time to time by the Trust. Two of the Trustees shall be members of the Saltire Society (the successor body to the St Andrew Society).
5. The Trustees shall have all the Powers and Immunities of Gratuitous Trustees and shall not be liable for any errors of omission or commission except dishonesty.
6. The Trustees shall meet once per annum to approve the accounts, and on a minimum of two further occasions to conduct the business of the Trust. Four members shall form a quorum at meetings.
7. The accounts shall be examined annually by an Independent Examiner. The accounts shall be made available for inspection on request by any donor.
8. None of the assets of the Scottish Flag Trust may be distributed or otherwise applied (on being wound up or at any other time) except to further its charitable purposes.
9. In the event of the winding up or failure of the Scottish Flag Trust, any property remaining after satisfaction of all debts and liabilities of the Trust shall not be paid to or distributed among the members and Trustees of the Trust but shall instead be transferred to the Saltire Society (charity number SC 004962), or to its successor charity or, which failing, to some other charity or charities, incorporated or unincorporated, whose objects are similar wholly or in part to the objects of the Scottish Flag Trust.
This amended version of the Trust’s Constitution was endorsed at the meeting of the Scottish Flag Trust held on 24 March 2012.