UK CHARITY REGISTRATION
Helping clients through the process.
We assist clients wishing to register a charity with the Charity Commission in England and Wales or the OSCR in Scotland.We can advise you on the most appropriate type of legal entity which you need to set up a charity. There are 4 options:-
to set up a trust
to set up an unincorporated body
to set up a company limited by guarantee
to set up a charitable Incorporated organisation
WHAT WE DO FOR YOU.
We advise amongst other things on:-
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payment of trustees as not all trustees can be paid and there are strict conditions to be met for those who are.
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conflicts of interest and private benefit which the Charity Commission (and OSCR in Scotland) focus on.
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safeguarding issues -anyone dealing with children or vulnerable adults need a safeguarding policy and good practice procedures in place.
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the charitable objects which must be correctly drafted a) to ensure all your activities are legal and b) to satisfy the Charity Commission and OSCR.
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policies you may need eg safeguarding, grant, and conflict of interest and risk management policies.
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on the best way to prepare the application.
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we liaise with you and the Charity Commission or OSCR to answer all questions which they raise regarding your application
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We can also deal with applications to HMRC for registration for gift aid purposes.
WHAT ARE CHARITABLE OBJECTS OR PURPOSES?
To be a charity an organisation must have purposes which are exclusively charitable and for the benefit of the public. A charity's purposes are its objects or aims which are usually set out in its governing document. The meaning of charitable purposes is now set out in the Charities Act 2006. Below are the main charitable purposes:-
1. the prevention or relief of poverty;
2. the advancement of education;
3. the advancement of religion;
4. the advancement of health or the saving of lives;
5. the advancement of citizenship or community development;
6. the advancement of the arts, culture, heritage or science;
7. the advancement of amateur sport;
8. the advancement of human rights, conflict resolution or reconciliation or the promotion of religious or racial harmony or equality and diversity;
9. the advancement of environmental protection or improvement;
10. the relief of those in need by reason of youth, age, ill-health, disability, financial hardship or other disadvantage;
11. the advancement of animal welfare;
12. the promotion of the efficiency of the armed forces of the Crown, or of the efficiency of the police, fire and rescue services or ambulance services;
13. a mop-up purpose: any purposes not above but recognised as charitable purposes under existing charity law or by the Recreational Charities Act 1958; any purposes that may reasonably be regarded as analogous to, or within the spirit of, any of the above purposes.
If you are considering setting up a Charitable Community Benefit Society click button here
Contact us
The above is a very brief outline of what can be a complicated area. If you are unsure about whether a charity or community interest company is suitable for you have a look at the "CIC or Charity" link below then why not call us on 01925757887 or (m) 07710141058 to discuss your plans and objectives. Alternatively email mike@businesslegal.ltd.uk. Our fees are £995 plus vat of £179 = £1194 of which half is payable in advance.
ADVANTAGES OF SETTING UP A CHARITY.
The main advantages of registering as a charity are that charities:-
do not normally have to pay income/corporation tax (in the case of some types of income), capital gains tax, stamp duty, and gifts to charities are free of inheritance tax
pay no more than 20% of normal business rates on the buildings which they use and occupy to further their charitable purposes
can get special VAT treatment in some circumstances
are often able to raise funds from the public, grant-making trusts and local government more easily than non-charitable bodies
can formally represent and help to meet the needs of the community
are able to give the public the assurance that they are being monitored and advised by the Charities Commission.