Charity legal services

A charity’s formation is important to determine its success, whether this may be by merging, de-merging or linking the charity. Seeking guidance from a legal professional is essential to find the most suitable structure.

Our  will advise you on the appropriate structure for your charity, for example, whether merging your charity is in its best interests and the advantages and disadvantages involved. Should you decide to proceed, our team can guide you through the process, including arranging meetings, getting approval and more.

The team can also provide support with linking charities or the process of de-merging a charity should this be required. In addition, we can assist with matters such as dissolutions.

There are various structures available for charities and finding the most appropriate one can be crucial for their success. Obtaining sound legal advice from a solicitor can help ensure a suitable structure is found.

Our charity lawyers will advise your not for profit organisation on the structure that suits the needs and goals of the charity and ensures matters run more effectively.

Our charity lawyers regularly guide charities on:

• Companies limited by shares or guarantee

• Charitable Incorporated Organisations (CIOs)

• Community Interest Companies (CICs)

• Incorporated trustees

• Community benefit societies

• Trustee companies

• Unincorporated organisations – including membership organisations

Learn more about our expertise with charity legal structures.

A Charitable Incorporated Organisation (CIO) or becoming another type of incorporated charity has many benefits, including limited liability for trustees and members, receiving better and quicker funding opportunities from lenders, becoming more efficient and resilient as well as attracting new trustees and members.

We can deliver proficient advice on:

• The appropriate incorporated structure

• The process of becoming a CIO or other incorporated structure

• Completing the steps involved

Learn more about our expertise with charity incorporation.

The Charities Act 2011 sets out a number of laws which charities should be correctly following, and this is in the process of being implemented as the Charities Act 2022 comes into force. The changes concern how charities sell, lease or transfer land, greater flexibility to make use of ‘permanent endowment’ and how governing documents need to be amended.

Our charity lawyers s have in-depth knowledge of charity law, regularly updating their understanding to better assist clients in an accurate manner. Our team will ensure you are aware of the laws in place and how your charity should comply with them.

There are a number of general regulations in the UK that charities have to comply with, including GDPR, fundraising and health and safety. Having strong governance helps charities to comply with these regulations.

Should your charity be accused of not meeting regulatory requirements, you may face fines and reputational damage, so good legal advice and representation is crucial.

Our team have a wealth of expertise assisting all types of charities and can ensure you are meeting the relevant requirements. We can also assist with appeals to the First-Tier Tribunal (Charity) or the High Court by preparing a strong case with evidence to support you.

Charity trustees have a legal responsibility and duty to correctly operate a not for profit organisation, and this involves carrying out certain duties.

Our charity experts can ensure you accurately understand and are correctly following the six legal charity duties:

1. Working in the public’s benefit

2. Complying with the charity’s governing document and charity law

3. Acting in the charity’s best interests

4. Managing the charity’s resources correctly

5. Acting with reasonable care and skill

6. Holding the charity accountable for its actions

Our charity lawyers are members of the Charity Law Association to keep up to date with developments in charity law. We regularly issue briefings and provide an annual charities legal update to ensure that clients stay informed and remain in compliance with up to date charity legislation.

Many charities are established in the form of a trust, where the held funds are only to be used for the purpose of the charity and the operations are run by appointed trustees.

Our charity law solicitors can assist with charity trust formation, including drafting and signing a trust deed. We can further assist those acting as trustees of a charitable trust, advising them of their rights and prohibitions.

Our charity lawyers will make certain you are aware of the fundamental principles your charity should be adhering to and set these out in a legally binding constitutional document.

We can assist with drafting a robust document that clearly sets out the role and the organisation’s responsibilities, including its functions and operational rules. We can further assist by submitting the constitution to The Charity Commission.

Our charity lawyers can advise charities on complicated trading issues including when it is necessary to use a trading subsidiary and whether it is possible to undertake trading through the charity itself.

We are also able to advise on fundraising in the most tax efficient manner and the relevant exemptions available.

We are able to advise on the correct legal relationship between a charity and its wholly-owned trading subsidiary and have also advised charities in respect of the dissolution of trading companies when these are no longer required.

Understanding trustee duties is an important element of being a trustee and ensuring that the charity is well run and managed effectively. Trustees are expected to be mindful of their duties and carry them out in the best interests of the charity.

Our charity lawyers are able to provide tailored trustee training sessions and advise trustees on their duties within the context of their charity. Trustee training can be delivered to trustees who are new to role or experienced trustees who may wish refresh their understanding of the duties placed on trustees.