Charities

Charities are strictly regulated, with rules that affect almost every type of transaction which they are likely to undertake. Failure to recognise this fact can have severe consequences, both for the charity and for those people who are responsible for its governance and management.  The Charity Commission's processes for monitoring charities' activities are constantly being extended and refined. The law in this area is changing and charities must keep pace to ensure that they remain efficient and compliant with the law.

The ultimate responsibility for control and management of a charity rests with its trustees (often referred to as "governors", "directors" or "committee members"). The responsibilities which they face are significant and in discharging their duties they will need clear and constructive advice on a wide variety of issues. We routinely advise on issues such as good governance, administration, trustee liabilities, benefits and remuneration.  We can review activities to ensure that they remain within a charity’s objects, we can where relevant deal with alterations to a charity's constitution, drafting all the necessary documentation and advising on how the changes should be implemented. 

A charity's dealings with the Charity Commission start on registration. In some cases it will not be immediately clear whether an organisation qualifies for charitable status, and it may be necessary to discuss its proposed activities with the Commission, prior to its establishment. Following registration, charitable status may be reviewed and members of our team have experience of negotiating with the Charity Commission, with a view to retaining a charitable registration.

Some activities which a charity wishes to undertake, or amendments it wants to make to its constitution may require the Charity Commission's prior consent. We will advise you whether consent is needed, or is possible to obtain, and also deal with all correspondence and negotiations on your behalf.

If things go wrong and the Charity Commission investigates activities which a charity has already undertaken, we can advise on how best to deal with any problems, with a view to minimising criticisms and liabilities.

To discuss how our team can help you, contact:

Samantha O’Sullivan
Tel: 01225 750000
Email: samanthaosullivan@mogers.co.uk