CHARITY LAW & TRUSTS

The firm has a long history acting for local charities and various religious charities in particular the Church of England Diocese of Wakefield.  Julian Gill, one of our partners, is Chairman of Wakefield Hospice.  We have a particular expertise in Church property matters and Ecclesiastical Charities and Charity law and trusts in general.

We are happy to act and assist clients in forming and registering a charity which can also include registering a charitable company limited by guarantee initially at Companies House and then as a charity with The Charity Commission.  It is hoped that it will not be too long before the new Charitable Incorporated Organisations come into being which will obviate the need to register at Companies House and The Charity Commission.

To be a charity an organisation must be established for purposes which are exclusively charitable under the laws of England and Wales – even if the charity is not registered with the Charity Commission.  There is a duty to register the charity with the Charity Commission if certain criteria are met, one of which is that the charity has an income in excess of £5,000.00 a year.

Depending on the activities and needs dictate which vehicle is chosen for the particular charity.  A charitable company limited by guarantee is where the Directors are the Trustees.  Members are only liable for the nominal money they have agreed to contribute even if the company is dissolved.  Both Company and Charity Law must be observed.  When the new Charitable Incorporated Organisations come in to force then only Charity Law will govern the charity.  At the time of writing this form of organisation is not expected to be available until late 2010/early 2011.

A Charitable Trust is particularly suited to individual philanthropy and is governed by Trust Deed and Charity Law.  The Trust will have charitable aims and can be registered with HM Revenue & Customs (and also The Charity Commission if the income exceeds £5,000.00 per annum).

We are always available to advise clients on the best way forward and compliance with Charity Law.