CC3 - The Essential Trustee: What you need to know. (March 2012) Contents Guidance from the Charity Commission for all who serve as trustees or directors on the governing body of a charity, or who are about to take up trustee responsibilities. Acknowledgement: The Charity Commission is grateful to James Tickell at Campbell Tickell Associates for drafting the first version of this publication. A Foreword A message from the Chair and the Chief Executive of the Charity Commission to charity trustees.
Dear Reader, Charities exist to create a better society. Charities could do none of this without their trustees. Being a trustee can be hard work and, for most, it's unpaid. But being a trustee is also immensely rewarding, providing both expected and unexpected opportunities for personal development. For instance, you will help plan the strategic future of the charity and its work, be involved in developing and managing staff and volunteers and make policy decisions for your charity. But you won't be on your own. B The charity framework in brief B1.
Charity law. Charity law 8:30am Thursday 20th January 2011 in Legal Tessa Hennessy If you are planning to set up a new charity or social enterprise in 2011, there will soon be a new legal structure available — the Charitable Incorporated Organisation. First mentioned in a White Paper in 2002, introduced in the Charities Act 2006, but then delayed for a few years, the Government appears to be giving the CIO a much-needed push to ensure it is available to charitable organisations from spring this year.
The CIO will allow organisations with charitable purposes to register with the Charity Commission as a separate corporate entity. Currently, charities wishing to incorporate must set up a company limited by guarantee, then register it as a charity. This means they are regulated both as a company and a charity — known as dual regulation. In contrast, the CIO will offer sole registration and regulation by the Charity Commission. n All CIOs will have to submit annual returns regardless of their turnover.
Changes in charity law. How to set up a charity or non profit organisation. Charity law for charities and non profit organisations. The legal obligations of charities under the Charities Acts and the Companies Acts All charities must comply with: the Charities Acts 1992 (Part III), 1993, 2006: trustees of smaller organisations 2006 Act (the Office of the Third Sector)the Trustees Acts 1925, 2000: the most recent Act concerns the powers of trustees regarding investments and delegation.Charity Commission regulation: requires compliance (depending on annual income) on the submission of annual returns, reports and accountsthe Statement of Recommended Practice (SORP) 2005: published by the Charity Commissionlaws on trading, political activities and fundraisingregulation covering people who are disbarred from acting as trustees under the Charities Act 1993 or your Memorandum and Articles.
Charitable companies Charitable companies (those incorporated as a company limited by guarantee) must comply with provisions in the Companies Acts 1985, 1989, 2006. Useful links Have your say How much do you know about charity law? Setting up an organisation forum. Monitoring & evaluation. What does monitoring and evaluation mean? Monitoring is the routine and systematic collection of information against a plan. The information might be about activities, products or services, users, or about outside factors affecting the organisation or project. You can use this information to report on your project to help you evaluate.
Evaluation is about using monitoring and other information you collect to make judgements about the value of any component part of an organisation or its projects, products, services or benefits, or about the organisation as a whole. It is also about using the information to make changes and improvements. There are other key monitoring and evaluation terms, which are often used by funders when they require monitoring and evaluation information. Why are monitoring and evaluation important? Organisations use monitoring and evaluation for two key purposes: Organisations need evidence of their efficiency and effectiveness for funders, commissioners and investors. Issues you should consider : Getlegal. The Get Legal decision tool is the starting point of a journey to find the form that best fits your mission and vision. Following a short series of questions, the tool provides an indicator of an appropriate legal form, before signposting you to other resources to help you make your decision.
It should be used in the context of the reference section of this site, alongside further help and resources. It does not replace the need for thorough research, and where appropriate formal advice. Although the decision tool leads you through to one ‘indicator’ for your legal form, often a number of different legal forms could feasibly fit. Before you use the decision tool you should consider some key factors which may shape how you approach the decision: What’s your motivation? Once you have considered these issues and established a vision for how you want to take things forward it is also often useful to talk to people who have set up an organisation or taken forward a similar venture. HRBird | HR policies and templates for the charity sector. Registration : Getlegal. To access the Decision Tool you have to register. Registration is completely free and by registering you will be able to access special features and begin your journey to understand what sort of form fits your needs.
Introduction The Get Legal decision tool is the starting point of a journey to find the form that best fits your mission and vision. Following a short series of questions, the tool provides an of an appropriate legal form, before signposting you to other resources to help you make your decision. . It does not replace the need for thorough research, and where appropriate formal advice.
Although Get Legal leads you through to one ‘indicator’ for your legal form, often a number of different legal forms could feasibly fit. Before you use the decision tool you should consider some key factors which may shape how you approach the decision: What’s your motivation? How do you approach risk? Are you a natural risk taker?
Do you want to go it alone? What do you bring to the table? Charity law and regulation. Further help and advice : Getlegal. Further help and advice Share your experiences with others Share your knowledge and insight of starting up an organisation with others on KnowHow NonProfit's setting up a charity wiki. You can edit existing content, add new information or create your own new guides of case studies, how-to or FAQs. KnowHow NonProfit Organisations providing relevant support and information Useful Publications General: Charity Commission: Companies and enterprises: Co-operative organisations: Training videos Anywhere, anytime learning.KnowHow NonProfit's Study Zone provide low cost online training for the voluntary sector using web video technology.
Setting up a charityThinking of setting up a charity? Setting up a social enterprise Whether you want your charity to start trading or you're about to set up a business with a social impact, make a successful start with this online course. See also Other useful information Legal advice Find a solicitor www.lawsociety.org.uk Bates Wells and Braithwaite (BWB) LawWorks Pioneers Post. 1181031190.983LID0.pdf (application/pdf Object) Banking for clubs and societies. By This Is MoneyUPDATED: 09:38 GMT, 8 February 2012 Thinking about starting up a club, society or community organisation?
If so, you're in good company. According to the Charity Commission, by the end of December 2008 there were 161,912 registered charities in Britain, with a total annual income of £52billion. Most of these groups are small organisations with an income of £10,000 or less. Rules and regulations A club or society is defined by the Charities Commission as a means by which people share a common interest and create a formal structure through which they can pursue it. Setting up a small organisation is simple, but there are rules and regulations to follow, as well as financial responsibilities to adhere to.
Since April 2008 charities have had to prove 'public benefit' to the Charity Commission. The Charity Commission regulates charities of all sizes and forms. The financial set-up The basic structure of clubs and charities is the same. Finding a bank account Ethical banking. Charities Act 2006. Legislation.gov.uk The National Archives Search Legislation Advanced Search Charities Act 2006 You are here: Table of ContentsContentExplanatory NotesMore Resources What Version Opening OptionsExpand opening options More Resources Original Print PDF View more Print Options Changes to legislation: There are outstanding changes not yet made by the legislation.gov.uk editorial team to Charities Act 2006.
Collapse all - Back to top Options/Help You have chosen to open The Whole Act The Whole Act you have selected contains over 200 provisions and might take some time to download. Would you like to continue? You have chosen to open The Whole Act as a PDF The Whole Act you have selected contains over 200 provisions and might take some time to download. You have chosen to open the Whole Act You have chosen to open Schedules only The Schedules you have selected contains over 200 provisions and might take some time to download. Small Charities Coalition. Charities_act_interactive.pdf (application/pdf Object) Home | Pre‐school Learning Alliance. Search | Pre‐school Learning Alliance. Chapter 2 - Applications for recognition as a charity for tax purposes.
Contents 2.1 What is a charity for tax purposes? 2.1.1 The Taxes Acts set out four conditions for 'a body of persons or trust' to be a charity for tax purposes. These are that the organisation: is established for charitable purposes only meets the jurisdiction condition meets the registration condition meets the management condition A 'body of persons' includes companies, unincorporated associations and other groups. 2.1.2 A 'body of persons or trust' is established for 'charitable purposes only' if it was set up by a governing, or founding, document that restricts its purposes to those detailed in section 2 of the (England and Wales) Charities Act 2006. 2.1.3 For an organisation to be 'established for charitable purposes only' it must be restricted by its governing document to using all its income and assets for its stated charitable purposes. 2.1.6 The management condition is concerned with the propriety of the persons who have control and management of the organisation (the managers).