Charities

FitzPatricks Solicitors - Business - Property - Family

SOLICITOR IN CHARGE: TOM FITZPATRICK

Member Charity Law Association

The Voluntary Sector of the economy grows as the traditional means of supplying community services becomes less adequate.  Because of the growth, supervision of charities has tightened and they are expected to function in a disciplined manner.  Charities are subject to the control of the Charity Commissioners and, in some cases, the Attorney General.

FitzPatricks can help in the following areas:-

• Constitution

To be charitable, objects need to come within certain limitations laid down by law, being the advancement of education, the advancement of religion, the relief of aged or poor people. There must also be a public benefit.

Do you need an informal association, a trust deed or a company limited by a guarantee?  Even small charities are finding that, as the law imposes personal responsibility on Management Committees, it is safer (and also helpful when recruiting volunteers) to form a company limited by guarantee.

• Pro's and Con's of Charitable Status

Pros: Cut tax bill, increase income through savings schemes.

Cons: More disciplined regime, more closely scrutinised, although this can also be a considerable advantage when dealing with third parties - especially funders.

• Commercial Contracts

Go to Commercial Property

• Contracts of Employment

Go to Litigation

• Ownership of Property

Land and buildings will be held on trusts which are within the purposes of the Charity. They will be held by the trustees or the company or by the Official Custodian of Charities. The consent of the Charity Commissioners is needed before selling or disposing of most charitable property  If a charity is a Limited Company, it is usual for it to have power to own land.

• Leases and Tenancy Agreements

Go to the Convayancing option on the menu above.

• Disputes

          Go to Litigation

• Stakeholders

          Go to Business Start-Ups

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