Charities and Not for Profit

Having a contract in writing: why you need one and why it's a good investment

Many business deals are concluded by “Gentleman’s Agreements”. These can work for people and businesses - until there is an issue or uncertainty. Unfortunately, deals and relationships in business can, and do, go wrong for many reasons....

What to consider when resigning as a charity trustee

Hopefully, as all trustees of charities will be aware, whilst appointed as a trustee you owe the charity to which you are appointed a duty to act in its best interests. But what is the position if you decide to retire, and does the simple act of wishing to...

New GDPR regulations and charities

As a Trustee of the Essex Community Foundation, I am very mindful that there are new regulations coming into force in May 2018.  Today, whilst I was live on the Ronnie Barbour  BBC Essex Radio show  it was raised that some charities had...

Fundraising Preference Scheme has been launched

Charities should take note of the Fundraising Preference Service that was launched on 6 July 2017. The service enables the public to request that charities stop making direct marketing phone calls and sending emails, text messages and letters to them. There...

GDPR for charities

Will changes to Data Protection rules affect your charity’s ability to fund raise? In all likelihood Yes! On 25 May 2018 the General Data Protection Regulation (GPDR) comes into effect in the UK and it is expected to have significant consequences for...

Charity trustee's duties

If an Earl’s charity can get it wrong, are you sure you are doing it right? Overview The Charity Commission (the Commission) has recently investigated the way in which the trustees of the Earl of Chester’s Fund (the Charity) have been managing...

Premises: perils and opportunities

Whatever your health-related or social care business or undertaking, your premises may give you the opportunity of revenue from sharing or subletting space to other occupiers.  This can provide useful and in some cases vital income streams. ...

Solicitor aims to give something back as President of Colchester Soroptimists

A Colchester solicitor who has become President of Colchester and District Soroptimist Club says she will use her year in office to serve the local community as best she can. Liz Jones, who specialises in children’s law, has been a member of the...

Health and Social Care Act 2012

On 27 March 2012, the Health and Social Care Bill 2010-12 received Royal Assent to become the Health and Social Care Act 2012 (“Act”). Key reforms under the Act include the introduction of clinical commissioning groups with responsibility for...

Why are lasting powers of attorney so important for care home residents?

Running a care home can be stressful - managing budgets and administration, keeping residents and their families happy and ensuring consistent ongoing care and support.  This burden increases when a resident has an accident, becomes unwell or loses...

Care sector appoints red tape champion

The Care Providers’ Alliance, a coalition of a range of the care sector’s representative bodies, has appointed Dame Denise Platt as its Red Tape Champion. Dame Denise, who has unrivalled experience of the care sector and is respected by both the...

Are you a charitable enough charity?

In order to be considered a charity any organisation must demonstrate “Public Benefit”. The Charity Commission had produced significant amounts of guidance on what constitutes Public Benefit, this was before a Judicial Review of their guidance. ...

Good news for charity trustees - the new CIO (Charitable Incorporated Organisation)

The Charity Commission recently announced that the CIO or “Charitable Incorporated Organisation” should be available for use by charities from late spring 2010. It is a new form of limited liability company specifically for use by charities,...

New type of company structure for charities is 'win win' says Essex solicitor

A new type of company structure, the Charitable Incorporated Organisation or CIO, which is set to be introduced by the Charities Commission in May this year, is a ‘win win’ according to charity law experts Birkett Long. David Cammack of Birkett...

The public benefit test for charities

The Charity Commission has become involved in political and legal controversy as a result of its declaration that some private schools, which have been registered as charities for years, do not pass the new “public benefit” test. Commenting on...

Incorporate your charity now or wait until the CIO is available?

The Charity Commission recently announced that the CIO or Charitable Incorporated Organisation should be available for use by charities from April 2010. If your charity is already set up as a limited company then the charity’s trustees and members...