LBMW solicitors attend the Charity Commission’s Public Conference: our summary of the new CEO’s vision We take a look at the key take-aways from David Holdsworth’s speech at the Charity Commission Annual Public Conference held on 26...
Charity law has been a central part of our practice for more than 150 years and we are recognised as one of the leading charity law firms in the country. Our charity lawyers are knowledgeable and versatile delivering timely, practical and cost-effective advice to charities and not for profit organisations across all sectors.
All our charity lawyers are members of the Charity Law Association and are engaged widely in the sector either as members of CLA working groups, trustees, school governors or advisors.
We have strong links with the Charity Commission, Privy Council and other stakeholders and run seminars throughout the year examining the latest challenges and opportunities posed by the ever-changing legal and regulatory landscape.
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In the charity context, we advise on the following:
- Setting up & managing a charity;
- Charity property;
- Setting up and managing philanthropic foundations;
- Charity commission visits, investigations and inquiries;
- Employing staff and managing volunteers;
- Fundraising standards & regulations;
- Trustees training, duties and board development;
- Dispute resolution;
- Charity dissolutions, mergers and collaborative working;
- Charity Act compliance;
- Safeguarding;
- Trademarks and brand protection;
- Subject Access and Freedom of Information requests;
- Reputational management;
- Charitable giving, exemptions & reliefs;
- Philanthropy.
LBMW is ranked in Legal 500 as a leading Charity and Not for Profit law firm, and the head of our team, Khalid Sofi, is recognised as a Leading Partner by the directory.
Contact
If you require any assistance with charity and not for profit law, contact our expert charity law solicitors:
Phone no.: 0207 222 5381
Email: khalid.sofi@lbmw.com.
You can also make an enquiry by filling out the Enquiry Form on www.lbmw.com
Our Charity Services
Setting up & managing a charity
Setting up and managing a charity is a complex legal process. Our experienced team of charity lawyers have real depth of knowledge of regulatory and compliance requirements and are here to support clients through each stage, including:
- Determining the most appropriate legal structure for a charity;
- Drafting the charity's governing document;
- Advising on governance, trustee duties, conflicts of interest and safeguarding;
- Assisting with registration with the Charity Commission;
- Providing ongoing support with governance, risk management and compliance with the law;
- Advising on tax exemptions and reliefs available, including Gift Aid;
- Assisting on mergers, dissolutions and charity restructuring.
Education
We provide legal support to all types of schools, including academies, multi-academy trusts, sponsors and other teaching institutions throughout the country.
Our solicitors can assist with the full range of issues, from commercial arrangements, land and property matters, employment, governance, safeguarding or intellectual property issues, to conversions, mergers, dispute resolution, policies and local authority duties.
As the advisers to the Church of England Education Office, our charity lawyers actively shape legislative change in England and Wales, and maintain strong links with the Department for Education, General Synod, and other relevant bodies.
Charity property
Charities often deal with land, whether for their own use or as an investment.
Our charity property lawyers provide advice to a diverse range of charities and not-for-profits on all property-related issues, including acquisitions and land disposals, permanent endowments, routine landlord and tenant matters, property and land management policies and procedures, secured lending, or even first registrations.
We are also often consulted in relation to the implications of the Charities Act on property assets and have expertise in acting for charities with substantial property portfolios.
Philanthropic foundations
Philanthropic foundations are generally grant making bodies but can be involved in other activities, including research, or social investment. One key aim of such foundations is to transform private wealth into public wealth in a transparent way.
Our charity lawyers can assist with:
- Advising on appropriate legal structures;
- Setting up the structure;
- Developing adequate policies and procedures;
- Advising on regulatory obligations;
- Providing ongoing support with managing the foundation.
Charity Commission visits, investigations and inquiries
Our charity solicitors offer support for charities that are being formally investigated by the Charity Commission. Our team helps trustees with understanding the Commission's concerns, collating relevant documents and preparing a comprehensive reply.
As part of this, we also offer governance and policy reviews to reduce the risk of further action by the Commission and assist with obtaining schemes and orders to permit the trustees to take actions they would not otherwise be able to. We support the trustees in achieving a fully compliant charity that is being run in accordance with the law, regulatory obligations and best practice.
Employing staff and managing volunteers
Our charity lawyers are able to offer expert advice to charities on employing staff and managing volunteers. Our expertise is complemented by our experienced employment team, who handle regulatory and compliance questions, employment policies and procedures, Employment Tribunal claims, TUPE, or issues relating to discrimination and the Equality Act.
We handle both contentious and non-contentious work for employers and employees.
Fundraising standards & regulations
Our team can provide legal advice for charities to ensure the charity's fundraising activities comply with fundraising standards and regulations.
We assist with drafting fundraising policies and provide guidance on compliance with the Code of Fundraising Practice, so your charity can operate in a transparent, ethical way, providing clear information about its cause and ensuring that donations are used as intended.
Trustees training, duties and board development
We provide popular seminars and workshops throughout the year on a range of topics, from good governance and trustee duties to examining the latest challenges and opportunities posed by the rapidly changing legal landscape.
Our charity team also offers formal governance reviews, ranging from a basic health-check to a full review of the charity and how it is functioning, to ensure that governance structure is fit for purpose and in line with current law and best practice.
We also undertake skills audits to identify gaps in the board and generally assist to diversify trustee boards.
LBMW has developed a reputation as a leading advisor to faith-based charities. We recognise the need to provide governance advice that is sympathetic to each particular religious context and have a deep understanding of the application of various religious doctrines and rules.
Dispute resolution
LBMW's charity lawyers and, as necessary, litigation specialists, routinely advise charities and not-for-profit organisations on every type of contentious issue, including disputes arising from:
- Charity governance and management;
- Employment matters, including the terms of appointment of trustees;
- Conflicts of interests;
- Winding up and dissolving charities;
- Protecting property rights;
- Contested legacies where a charity's entitlement under a will is challenged;
- Challenging poorly administered estates;
- Public law disputes including advising charities in judicial review proceedings;
- Debt recovery.
Additionally, our charity lawyers frequently advise on best practice and proactive governance of charitable organisations to avoid and prevent disputes.
Frequently asked questions about charity law
What is charity law?
Charity law governs the operation, regulation and legal responsibilities of charities and not-for-profit organisations, to ensure that such organisations act for the public benefit, and in an accountable and transparent way.
The regulator of these organisations is the Charity Commission, which oversees the operation of such entities, protecting public interest.
How to comply with charity law?
Charities and not-for-profits are governed by specific laws and regulations which impose significant duties on these organisations, and it is the trustees who are responsible for the management of a charity, and who must ensure that the charity complies with laws and regulations.
A charity's main obligations are:
- Registration with the Charity Commission if the organisation meets the legal criteria for granting charitable status;
- Have a charitable purpose and provide public benefit;
- Maintain proper governance and compliance with the charity's governing document;
- Keep accurate financial records and submit an annual report and accounts to the Regulator.
What policies do charities need by law in England & Wales?
The type of policies a charitable organisation needs under charity law depends on the size, nature and activities of that specific charity. However, as a minimum, the Charity Commission recommends that each charity should have:
- Finance and investment policies to deal with income and expenditure;
- A reserves policy;
- A risks policy;
- Employment policies and procedures.
We can assist with drafting, as well as reviewing your charity's policies to ensure compliance with charity law and other legal and regulatory requirements.
What is the legal structure of a charity?
A charity's legal structure determines how the charity will operate; therefore it is crucial to choose the right type of structure for a charitable or not-for-profit organisation.
The four main types of charity structures are:
- Charitable Company (limited by guarantee);
- Charitable Incorporated Organisation (CIO);
- Unincorporated Association;
- Trust.
Each structure carries different implications for the organisation. LBMW's charity solicitors provide expert advice to assist with selecting the most appropriate structure for your organisation.
Testimonials
‘We find the team to be extremely knowledgeable in the area of charity work’
‘The lawyers are experts in their field and they provide comprehensive advice. They have good communication skills and quick response times along with availability’
