Charity Law and Governance e-alert - Spring 2020

24 February 2020


Welcome to the Spring edition of our newsletter for charities.

In this issue we'll be exploring a variety of issues that can affect the running of your charity with a particular focus on trading subsidiaries.

We'll be running our first Trustee Training Workshop of the year on the 27 February. For further information on the session and to reserve your place, please click here. The training is intended for newly appointed trustees and will serve as an introduction to charity law and governance issues. It is free of charge to attend and we look forward to welcoming you to this event.

We hope you enjoy reading!

Why deeds of covenant are back and why you might need one

Prior to the introduction of corporate gift aid, it was usual for charity trading subsidiaries to have deeds of covenant in place, committing themselves to pay their profits to their parent charities. Following a recent change in accounting rules that apply to gift aid payments, it may be time for some charities to reintroduce that practice.

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Regulatory update: keeping your charity trading subsidiary at arm’s length

The findings from a recent regulatory compliance case by the Charity Commission contain salient lessons not just for armed forces recreational and training charities, but for all charities with trading subsidiaries.

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Constitutional changes: a reminder of the filing requirements

If a charitable company or charitable incorporated organisation makes changes to its constitution, failure to comply with the filing requirements of the regulators could lead to the changes being ineffective – or even fines for the charity and its trustees. Here is a reminder of the rules.

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Q&A: When can charities take a legal charge over a beneficiary’s property?

Charities are understandably cautious about taking legal charges over the property of their beneficiaries, but it is not necessarily inappropriate. Andrew Mackie considers the conditions under which charities might wish to consider taking a charge, along with some of the pitfalls involved.

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