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Charity 4
Charity 4

Charities

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Charities

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Charities

Charities

Tollers Charity Law department has considerable experience dealing with the legal issues that charities may face and the practical implications of both forming and running a charity.

The unit is headed by Barry Rogers who is a member of the Charity Law Association.

Barry also has practical experience of charity issues in his role as Chairman of the board of trustees of one of the largest charitable trusts in the area – The Margaret Giffen Charitable Trust.

Tollers experienced team can assist with:-

Charity formation and choosing the right
legal charity structure

Having decided to set up a new charity there are a number of issues you need to consider including:-

  • The objects or purpose of the Charity which must be within the legal definition of charitable
  • What structure is appropriate for the Charity, there are four main types of structure:
    • Company (limited by guarantee)
    • Charitable incorporated organisation (CIO)
    • Unincorporated association
    • Trust
  • How the charity will be managed - this is set out in the governing document.
  • Who will be the trustees or members.
  • How the charity will be funded.

To find out how our expert team can assist you...

Registration with Companies House
and the Charity Commission

If you choose a company limited by guarantee we can assist with all aspects of formation and registration at Companies House. We can also assist you with all aspects of registering your charity with the Charity Commission.

A charity must register with the Charity Commission if it is based in England and Wales and has over £5000 income per year.

If you would like advice or guidance on how to register a charity 

Trading and trading charity companies

Charities can either trade to further their purpose or as a way of raising funds usually through a trading subsidiary.

If you would like more information on the legal implications of charity trading please 

Fundraising legal issues

When fundraising on behalf of your charity it is important to ensure that your charity is fully compliant with all of the legal requirements of this complex area of Charity law.

If you require assistance with this area.

Tax benefits

We can give advice to ensure that a charity obtains the maximum taxation advantages available including:

  • Income Tax (including Gift Aid) 
  • Corporation Tax 
  • Inheritance Tax
  • Capital Gains Tax

 

The role of trustees and responsibilities

These are the individuals who are ultimately responsible for any charity and manage the administration.

They can also be known as the Management Committee, the Directors or the Board.

They must :

  • Ensure that the Charity is administered correctly
  • Safeguard and protect the assets of the charity
  • Act collectively
  • Operate at all times in the best interest of the charity
  • Have no personal interests that conflict with the charity.

For more information in regard to how we can assist with any Trustee aspects of your charity

Use of funds

There are many different types of fund a charity can hold for example:

  • Restricted 
  • Unrestricted 
  • Restricted income 
  • Permanent endowment 
  • Expendable endowment

Tollers experienced team can assist you understand how funds can and cannot be used and what the legal implications are if funds are used incorrectly. For more information:

Legacies and disputed Wills

We have seen instances where a charity has been left a legacy or share of an estate in the Will of someone who has died and unfortunately the executors have either not fully understood the tax implications involved or correctly interpreted the Will. This can result in the charity receiving less than what it is entitled to. Unfortunately, there are also occasions where a relative disputes a Will which could reduce the amount left to a charity. We can advise you how to correct or defend the position and ensure the charity receives the maximum amount it is entitled to.

Charities and property

The experienced property team at Tollers can assist you with all property matters for example the purchase or leasing of property for occupation by the charity and the legal issues that may result from owning or occupying property.

Contact the team for more information.

Employment legal issues

The team at Tollers can support you and your charity in this area and provide advice and guidance on matters including:

  • Employment advice
  • Contracts of Employment and policies.
  • Disciplinary and grievance procedures and policies
  • Disputes
  • Redundancy and restructuring

Contact our experienced team to discuss your requirements today.

Governance issues

It is important that the trustees are aware of their personal legal responsibilities and also those of the charity. It is also important that the charity has in place appropriate governance procedures which are documented.

The failure of a charity to govern itself effectively can result in disciplinary action by the Charity Commission. Trustees, staff and volunteers should all be aware of the documented procedures that are relevant to them and their particular role within the charity.

Tollers can assist you with any issues you may face and ensure that your charity is compliant.

For more advice and guidance

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