The monthly round-up from the Anthony Collins Solicitors charities team
We work with all types of organisations wishing to form a charity. Our experienced charity specialists provide advice and support on all aspects of charity formation, from drafting or reviewing governing documents to registering the charity with the Charity Commission.
All charities with an annual income of £5,000 must register with the Charity Commission. Of course, there are exceptions to this rule such as charitable incorporated organisations (CIOs) who can register regardless of its income, excepted charities with an annual income under £100,000 (for example, some Christian denominational churches) or exempt charities (e.g. community benefit societies and academy trusts).
To be a charity an organisation must:
- exist for exclusively charitable purposes; and
- be of benefit to a sufficiently wide section of the public.
We can advise on charitable purposes and whether a charity exists for the public benefit as well as the payment of trustees. There are different structures which a charity may choose, including charitable incorporated organisations, charitable companies, charitable trusts, unincorporated organisations, community benefit societies and Royal Charter charities. We are experienced in all of these and can work with an organisation to help them choose the structure that is right for them.
On hand to assist every step of the way...
We are on hand to assist every step of the way whether you are a large international charity, have complex structures or are a start-up. We register over 100 new charities each year, and so we recognise that all charities are different. We can work with charities to ensure that their governing document reflects their unique structure and to answer difficult questions from the Charity Commission.
How we can help you form and register your charity
We can provide a streamlined service for smaller start-up charities, as well as a bespoke package for larger organisations who are restructuring or merging with another charity, such as:
- Registration of new charities
- Structures and re-structures for charities including converting from a non-charitable structure (such as a community interest company) to a charitable structure
- Federated structures
- Group structures
- Advice on transferring existing assets and liabilities to new charities
- Training or induction for charity trustees
- Advice on non-charitable trading and the creation of trading subsidiaries.
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.
Our previous round-up began by sharing the news that two vaccines had shown very promising test results. Here we are, not even a month later, and the first vaccines have already been administered!
Finally, there is a glimmer of hope that perhaps the Covid-19 pandemic could be reaching its end.
Last week, England entered another period of lockdown which will last until at least 2 December.
To receive invitations to our events, as well as information and articles on legal issues and sector developments that are of interest to you, please sign up to Newsroom.