Remuneration for the supply of goods and the power to award equitable allowances.
Our team of experienced solicitors take a faith-focused approach to providing governance advice and support to faith-based charities and other organisations.
Good governance is key to the success of any charity. We work in partnership with new and established faith-based charities to advise and support them in all aspects of governance. We work with charities and organisations across all religious denominations, advising trustees, leaders and regulatory bodies of churches, mosques, temples, synagogues, chapels and other buildings or meeting places used for religious purposes.
The role of the charity trustees is to set strategy, lead the charity, oversee operations and be accountable to members and other stakeholders in an open and effective manner. They might also be responsible for the spiritual oversight of a faith-based charity. It is fundamental to the health of a charity that as the factors underpinning effective governance change, for example, as trustees or key employees leave or the charity restructures, that regular reviews are carried out to ensure that governance remains fit for purpose.
We work with faith-based charities to help them decide on the structure for their organisation and what type of charity they want to be, whether that is a charitable company, a charitable incorporated organisation, a community benefit society, a trust or an unincorporated association. We understand that the faith basis of a charity can affect its unique structure and we work to ensure that all documentation recognises, and terminology used is appropriate to, that faith.
Sadly, even in faith-based charities disagreements can arise, for example, due to personal differences, misunderstandings, theological differences, conflicts of interest or inappropriate conduct. At Anthony Collins Solicitors our experienced governance team works with charities to ensure that appropriate policies and procedures are in place to assist in dealing with governance disputes should they arise. We understand that the faith basis of a charity may affect how a dispute should be handled most effectively. Resolving governance disputes can be a complicated and delicate process dealing with sensitive situations. Failure to recognise this can cause a dispute to escalate and poses a risk to the reputation of the charity.
Our team of specialist solicitors use their extensive knowledge of faith-based charities to advise and support on all aspects of governance including...
- Structures for charities and restructures, including establishing a new charity and converting from a non-charitable structure to a charitable structure.
- Federated structures.
- Group structures including subsidiaries and intra-group agreements.
- Processes and procedures.
- Schemes of delegation.
- Providing board or trustee training and induction to ensure wider awareness of sector regulations, trustee duties, responsibilities and liabilities and understanding the drivers in the sector.
- Governance reviews to ensure compliance with the law and fit for purpose.
- Advice on non-charitable trading.
- Working internationally.
- Governance dispute resolution, including removing a trustee from the board.
The government did not accept two of the Law Commission’s recommendations - as they saw them as important safeguards in protecting charities interests in property.
In this ebriefing, we focus on the response regarding cy-pres schemes and the proceeds of fundraising appeals.
The monthly round-up from the Anthony Collins Solicitors charities team
The Law Commission published its report on Technical Issues in Charity Law in September 2017 following a public consultation.
Changing charitable purposes and amending governing documents.
Charity registration financial thresholds.
The case was brought by the Official Receiver who sought disqualification orders under section 6 of the Company Directors Disqualification Act 1986 (CDDA 1986) against the seven trustees of Kids Company and its CEO. It illustrates well the tension between the role of a fulltime paid CEO of a large charity and the role of its board as voluntary trustees/directors.
Happy New Year - our first newsletter of 2021! Throughout this year we will continue to bring you news and developments relating to the charities sector.
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