In June we took on the challenge to become a Sepsis Savvy organisation - I'm really pleased to announce we've done it!
- Charities can only act within their objects and powers — charities are always set up to achieve specific objectives (such as advancement of religion, relief of poverty, etc.) and must act within the powers listed in their governing document. If the trustees act outside these objects and powers when contracting with you, the contract may be invalid.
- Charities can make a profit! — whilst charities are not allowed to distribute profit, that does not mean that they cannot make a surplus. Charities are becoming increasingly commercially savvy, and you can expect most charities will give particular attention to the payment and termination provisions in the contract. Savvy trustees may also try to limit the scope of their liability to the value of the assets that they hold on behalf of the charity.
- Who is drafting the contract? — many larger charities will have a range of standard-form contracts that they use when contracting with third parties or may have specific bespoke clauses that they need to go into the contract. If you choose to use a bespoke contract or your own standard-form agreement, this is likely to slow down the negotiation process, and it could take longer to complete the contract.
- Who are you contracting with? — you can contract directly with the charity if it is a corporate entity (such as a company limited by guarantee). If the charity is an unincorporated association or trust, you will be contracting with the individual trustees of the charity. In this instance, you will need to ensure that the trustees are all individually named as a party to the contract.
- Make sure the contract is validly executed — if a charity is a corporate entity, depending on the nature of the contract, it can be signed by trustees or other authorised signatories on behalf of the charity. If you are contracting with an unincorporated charity, the situation is different. The general position is that all of the trustees need to sign the contract unless there is a scheme of delegated authority or the charity has passed a section 333 resolution in accordance with the Charity Act 2011.
- Allow time for the contract to be signed — contracts that need to be signed by charity trustees can take longer to complete because most Boards of Trustees do not generally meet as often as a commercial board of directors. It is wise to allow extra time for this when negotiating your contract and any associated project plans or milestones.
We have a dedicated business law team experienced in acting for a range of private, public and third-sector clients. If you have any queries, please contact Rebecca Ward.
In 2020 the court rules were changed to require that all residential tenants must be given 14 days’ notice of an eviction. What happens though if the eviction is cancelled on the day?
We are delighted to announce that our private wealth law department has continued to maintain its Band 2 position in the latest edition of Chambers and Partners High Net Worth.
The new CHF is set to launch and open for applications with £4 million set to be allocated to community-led housing groups to support an increase the supply of affordable housing in England.
Charities, like other organisations, may be subject to or choose to voluntarily comply with the reporting requirements under the Modern Slavery Act 2015.
The draft regulations making it mandatory for anyone entering a registered care home in England to have been double vaccinated unless they are clinically exempt were made on 22 July 2021.
In the Transforming Public Procurement Green Paper, the Government signalled its desire to increase its control over procurements by all contracting authorities.
The monthly round-up from the Anthony Collins Solicitors charities team.
Legal updates as the UK enters into stage 4 of the roadmap and legal restrictions on face coverings and social distancing are lifted.
The first disability we are going to discuss is diabetes. We begin by discussing the different types of diabetes; their similarities and differences and how we live with the disability within our day.
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