H3 Solicitors services to charities and not-for-profit organisations include the following:
- Creation and winding up of registered charities
Advising charity trustees and potential trustees on the formation and registration of new charities, including selecting the most appropriate form of charity for their proposed activity. This would include advice on dealing with applications that have been rejected, the appeal process to the Charity Tribunal and the issue of removal of charitable status. Advising also on the process by which a charity may voluntarily opt to wind up.
Advising on structural issues in relation to groups of organisations, particularly setting up trading subsidiaries for charities.
Advising on the updating and modernisation of historic constitutions including providing advice on governance and best practice.
Advising on and leading charity trustees through the process of incorporating a charity, in other words converting it from an unincorporated trust or association into a charitable company or charitable incorporated organisation (CIO).
- Mergers and joint working
Advising on the implementation of mergers, de-mergers, take-overs and joint ventures, including setting up consortia and advising on tendering for contracts.
Drafting commercial agreements, including contracts and SLAs, preparing terms and conditions.
Advising on the creation, structuring and administration of social enterprises including community interest companies. The firm has particular expertise in creating and advising on community interest companies, with members of the team having acted as directors of such companies.
- Company law and Company Secretarial
Advising on all elements of company law including advice on members, membership, meetings, AGMs and filing. This includes the provision of a company secretarial service and a registered office service.
Advising charity trustees on best practice in relation to governance issues including advising on their duties, responsibilities and potential liabilities; in particular advising trustees of charitable companies on their liabilities under company law and charity law; assisting in the development of the necessary policies and procedures to protect the trustees and assist in their risk management.
Advising on issues such as cy-pres Schemes, permanent endowment, public benefit questions and the loss of, or protection of, charitable status.
- Regulatory and compliance
Advising charity trustees on duties relating to compliance; assisting in dealing with review visits, regulatory reports and inquiries; dealing with complaints and the protection of a charity’s reputation.
Advising on the fundraising regime and on fundraising agreements with professional fundraisers and commercial participators. Advising on the interpretation of will clauses and legacies to charity, as well as the enforcement of such legacies.
Running regular training events for umbrella organisations and individual trustee bodies on charity law and governance related topics.
For more information about how we can help please contact us.