Choosing the correct legal structure is important and our experienced Charity Law Solicitors in Bromley, Kent and London are able to advise on whether the organisation should be:
- A company limited by guarantee which charitable status (a charitable company)
- A charitable trust
- A charitable incorporated organisation (permitted under the 2006 Charity’s Act)
- An unincorporated association
- A voluntary organisation Whichever structure is applicable, we attend to the complete registration process.
Buying or leasing a property is likely to be one of the biggest transactions a charity will undertake and good knowledgeable advice from an experienced Charity Law Solicitor is essential.
Our Charity Law Team can assist in the whole process including Town & Country Planning issues, the raising of finance, joint ventures, as well as the actual conveyancing itself.
We have a dedicated team of Charity Law solicitors who closely with their retained experts in the surveying, planning, architectural, accounting and banking professions to ensure a one stop service with our charity clients.
Many charities are realising that critical mass is often best achieved by merging with, taking over or partnering with other charitable entities that are involved in the common purpose. Wellers Charity Law solicitors have extensive experience in working with charities that have taken over other charities and those that have merged.
In addition our experienced solicitors have represented many charity clients overseas in the formation of international joint ventures with other NGO’s, not for profits, government agencies and indeed governments themselves. Our in house experience of such ventures in Africa, North America, Central and South East Asia, the Middle East and Europe means that we are ideally placed to offer this service.
Our charity legal audit “law plus” seeks to review the main areas of a charity’s activity and identify areas where the charity is at risk or remedial action needs to be taken.
With case law developing rapidly in areas such as employment, sexual orientation, risk management and financial accounting, a law plus charity audit is considered essential by many trustee boards, as ultimately the trustees are responsible for what goes on in a organisation in which they have little or no day to day input.
Remember prevention is better than a cure.
The Charity Commission carries out Review Visits with the aim of improving the performance of the charities visited though “bespoke issue-led advice and support”.
A Review Visit is not an investigation, nor is it an audit. It provides the Charity Commission with an opportunity to have a look at the charity’s activities, its governance and its finance, and to see the way the charity operates in context. The Charity Commission can then provide informed advice on any legal requirements or good practice.
Our Charity Law solicitors assist charity clients who are preparing for a Review Visit as well as in the implementation of any advice given by the Charity Commission once a Review Visit has taken place.
Good governance is essential and trustee boards are ultimately responsible for ensuring this. Wellers Solicitors can assist charity clients in putting in place appropriate procedures for:
- Risk management
- Health and Safety
- Asset Protection
- Kidnap, Ransom and War zones (applicable to charities working overseas)
- Anti discrimination
- Legal and Accounting Compliance
Whilst we have already asserted that good governance is essential for charities, we recognise that sometimes things do go wrong in the life of some charities.
The Charity Commission has an important role as the regulator of the charitable sector and on average it undertakes 380 investigations each year. Usually an investigation is triggered by either a complaint from the public, an issue over the charity’s accounting records or a default in its compliance procedures.
We believe that prevention is better than cure and we seek to work with our client charities to ensure their compliance and minimise the risk of an investigation.
As a firm we have experience in representing charity clients when they have been investigated, working with both the client and the Charity Commission to address issues concerned and ensure compliance thereafter.
Our Charity Law department give continual ongoing support to our charity clients whether they are a small locally based organisation or a large international agency. This support includes:
- The availability of dedicated charity law solicitors and lawyers to respond to issues quickly
- Regular updates to our clients
- Dynamic website www.wellerslawgroup.com with a dedicated charity section containing up to date legal news which is posted on a weekly basis
- Regular seminar program
- The availability to conduct trustee training sessions on a bespoke basis
Wellers Charity Law Solicitors are based in Bromley, Kent & London - Our services to Charity clients includes:
Responding to Charity Commission Investigations
Charity and Charitable Company Formations
Takeovers, Amalgamations and International Joint Ventures
Charity Commission Review Visits
Preventative Charity Procedures