We offer the full range of legal advice to charities. We recognise the unique pressures in the field in which charities operate and can balance the specific requirements and regulations imposed upon charitable and not-for-profit organisations with their commercial requirements. We work closely with your in-house legal teams and other professional advisers to ensure that the advice you receive is seamless and consistent.

We advise on:

Setting up a charity

• choosing a structure
• registration with the charity commission
• initial considerations
• establishing charities as trusts and companies limited by guarantee

Running a charity

• reorganisation and restructuring, including amending the constitution
• company secretarial advice, acting as secretary and administrator to the trustees
• facilities issues such as leasing arrangements for cars for use by charities staff, outsourcing of IT and catering services
• intellectual property issues including finding solutions for ownership and future exploitation of that intellectual property
• disposals and mergers, including advice on TUPE employee issues, risk management in respect of accrued service user liabilities, indemnity for contractual liabilities and constitutional approvals by disposing/merging charity

• creating a tax effective structure for the operation of a national charity at local level to include the hire and security of equipment purchased and devolution of management via agency arrangements

Contracts and services

• setting up trading subsidiaries as limited companies, where the structure and discipline imposed by the Companies Act enable streamlining and increased efficiency in the operation of the main charity itself
• service and goods contracts
• advice in connection with procurement tenders and facility management issues
• negotiations with local authorities and submission of tenders for outsourced services to charities
• advice on the long term supply of goods by a charity for distribution to beneficiaries and the subsequent drafting of the contract and tender documentation

Employment issues

• responsibilities as an employer
• volunteer agreements
• disciplinary processes and handling grievances
• contracts of employment
• discrimination, harassment and bullying, including policy implementation and review
• reorganisation and redundancies
• consultation requirements
• business transfers and TUPE
• negotiating resolutions via compromise agreements
• Employment Tribunal cases including unfair dismissal, discrimination and detriment complaints and contract claims
• employment terms and conditions, including creating policies and procedures and training staff on their use and application

Charity Schemes

applying for charity schemes and orders

Charity Commission inquiries

Trustees Duties

• recruitment of trustees
• best practice
• breach of trust issues
• trustee remuneration

Fundraising

• complying with legislation
• applications for lottery and millennium funding and the use and fulfillment of conditions in connection with such funding
• grant applications
• local authority funding
• creation of relationships with funders and other third parties

Risk Management

• assessing risk and compliance with SORP
• undertaking risk assessment and advising upon contractual liability issues 

Property issues

• The sale of greenfield sites for development
• Option agreements, conditional contracts and uplift provisions, to allow charities to receive the maximum potential return within the context of the Charities Act
• The sale of both vacant and let commercial, agricultural and residential properties both by auction and by private treaty
• S106 Agreements and other planning issues
• The acquisition of land for charitable purposes
• Drafting and advising on both commercial leases (including charity shop leases) and farm business tenancies
• Advising on residential tenancies, life interests and the validity of option agreements and other undervalue transactions
• Advising on compliance with s36 of the Charities Act 1993