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?
What is so great about being a charity?
- Some charities find that they have greater access to grant funding compared to non-charities.
- A charity receives preferential tax treatment, including tax relief on most types of income (provided the money is used directly for charity’s purposes), relief from business rates charge and access to the HMRC gift aid scheme.
We are not a charity at the moment, we run our pre-school as a business...
Once the pre-school becomes a charity, it is subject to charity law and there will be certain restrictions imposed on the charity, such as a payment to a trustee/connected person (e.g. as an employee of the pre-school), undertaking non-charitable activities or trading, etc. None of these reasons should be a barrier to register the pre-school as a charity, so we would recommend taking legal advice before proceeding.
We are an unincorporated charity registered with the Charity Commission, but why should we incorporate?
An unincorporated charity does not have a separate legal personality and therefore anything which it does is through its trustees e.g. entering into contracts and holding property. This, unfortunately, creates personal liability for the trustees if the charity is not able to meet its liabilities, either through its assets or insurance.
The ACS pre-school is registered with the Charity Commission and is established as an unincorporated charitable trust. The ACS pre-school has entered into a service contract with Edmund Electricals for the supply of electrical services. The contract makes clear that the contracting party is Joe, Fred, Sally and Pippa as trustees of ACS pre-school. If the trustees are unable to meet their obligations under the contract then Joe, Fred, Sally and Pippa would be personally liable to Edmund Electricals.
If, however, ACS pre-school had registered as a charitable incorporated organisation or a charitable company (see below), then the contract would be in the name of ACS pre-school. This would allow the trustees to reduce their personal liability (unless it was found that the trustees had not acted in the best in interests of the charity).
What if we don’t want to be a charity?
Of course, you may have already decided that you do not wish to run the pre-school as a charity, but still wish to create a robust structure for your organisation. Other structures that you may wish to explore are a private company limited by guarantee or shares or a community interest company.
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.
Tim Coolican and Freya Cassia explore the legal and practical options available to providers if a disappointing result is received following an inspection.
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