Business

Charitable Startups

Starting a charity can be complicated, with a range of charitable structures to choose from and extensive rules and regulations to observe. Having expert charitable startups solicitors by your side will ensure that your organisation has the solid legal foundation it needs.

At Glanvilles, we can advise you on the right type of charitable organisation for your requirements and ensure you have the incorporation documents in place that will allow you to carry out the charitable work you wish to do.

We have wide experience in setting up charities of all types and sizes and the legal understanding to find solutions to any complications that may arise. We will take the time to assess your needs and work with you to put a structure in place that will serve your organisation both in the short term and as it grows and evolves.

Our charity team provides a full range of charity startup services, including:

  • Discussing whether setting up a charity is the best option for your organisation
  • Advice on the right charitable structure
  • Advice on choosing trustees
  • Identifying and defining your charitable purpose
  • Working with you to draft a governing document setting out the rules for the running of your charity
  • Registering your charity
  • Collating the documents to accompany your charity registration application
  • Related issues, including:
    • Advice on charity regulation
    • Taking on commercial property
    • Engaging employees
    • Negotiating, preparing, approving and advising on contracts

We will make sure that we have a full understanding of the way in which you want to run and operate your charity and that a robust framework is put in place to support this.

Get in touch with our domicile charitable startup solicitors in Chichester, Fareham and Havant

Contact our expert charity startups solicitors in ChichesterFareham or Havant or fill in our simple online enquiry form for a quick response.

The Glanvilles guide to UK charitable startups

Do I need a solicitor to startup a charity?

Having a sound and comprehensive basis for your organisation can avoid difficulties later on and it is worth taking the time to get things right from the start. Obtaining charity startup advice from an experienced charity solicitor is always recommended. It is not a straightforward area of law and it is easy to make mistakes or miss crucial legal requirements.

We provide comprehensive advice on setting up a new charity tailored to the organisation’s current needs and also ensuring the foundational documents will stand the test of time if the charity expands.

We can take your organisation through the whole set-up process, from helping you decide on the right trustees to registration.

What do I need to start a new charity?

Charitable purpose

If you are thinking of setting up a charity, you need to make sure that it has a charitable purpose. This means that it must be for public benefit. It must also have a charitable purpose. The Charities Act 2011 contains a list of areas of charitable activity. Your charitable purpose should fall under one of these headings.

By way of example, a charitable activity could be animal welfare. A charitable purpose related to animal welfare could be running an animal sanctuary, providing veterinary treatment or educating people on animal welfare issues.

Choose the right structure and select a name

You will also need to name your charity and decide on the right structure. This could be:

  • An unincorporated charitable organisation
  • A charitable trust
  • A charitable company
  • An incorporated charitable organisation

Trustees

A charity generally needs three or more trustees. If the charity is run as a charitable company, its directors are classed as trustees.

The duty of charity trustees is to guide the organisation and ensure that it keeps to its charitable purpose and acts in accordance with its governing documents and for the public benefit.

Governing document

A charity’s governing document sets out a wide range of guidance on how the organisation will be run. Common clauses include:

  • The charity’s purpose
  • What it will do to try and achieve its purpose
  • How many trustees there will be and how they will be selected
  • How trustees can be removed
  • The powers that trustees have
  • How trustee meetings will be conducted
  • How changes to the rules can be made, for example, the number of trustees who must agree on any changes
  • How the charity can be ended

Registration

Your charity will usually need to be registered with The Charity Commission if it has an income of more than £5,000 per year.

You can also register with HM Revenue and Customs (HMRC) if you want to claim tax back on certain donations.

Registering with the Fundraising Regulator is optional. It shows your commitment to complying with the Code of Fundraising Practice, which aims to ensure that fundraising is open, honest and respectful. Registration entitles you to use their fundraising badge on your fundraising materials and to be listed in their public directory.

Charity startup grants

There may be charity startup grants available to your charity. We can advise you on eligibility and, where necessary, assist with the completion of grant application forms, which can be lengthy and in-depth.

What is the process for setting up a new charity?

If you are setting up a new charity, you need to take the following steps:

  • Define your charitable purpose
  • Decide on a name
  • Choose trustees
  • Have a governing document drafted
  • Choose the right structure
  • Register

We can help you with the above steps, in particular, ensuring you have a clearly set out charitable purpose, a well-drafted governing document and the structure that will best suit the charitable work that you want to do.

How do I register with The Charity Commission?

The Charity Commission have an online system for registering a charity. You need to go through the following steps:

  • Create an online account
  • State your charity’s charitable purpose
  • Explain why your charity benefits the public
  • Provide evidence that your charity has an annual income of more than £5,000
  • Provide copies of your charity’s most recent accounts
  • Give the names and details of the trustees

We routinely help charities with registration and we can make sure that your application includes all necessary evidence and information in support.

How we deal with charity startups

Our charitable startup lawyers have the experience to ensure that you have the right structure in place and a robust legal foundation. We can suggest the types of issues to be dealt with in the governing document, giving you the scope to work for your cause in the way that you want while protecting the charity’s assets and personnel as far as possible.

Our in-depth understanding of charity law means that we can deal effectively with any complex or unusual situations. We deal with all types of charity from small startups to substantial organisations.

We also deal with time-sensitive charity startups and registrations, where action needs to be taken promptly to comply with charity regulations. We will work efficiently to ensure you have the necessary framework in place without delay.

Why choose Glanvilles’ charity startup solicitors?

Our charity startup lawyers offer:

  • Tailored advice to ensure your charity startup is right for your needs
  • Advice on related issues, including tax and selecting and appointing key personnel
  • Foundational document preparation, including a governing document and statement of charitable purpose
  • A clear quote for our charity legal costs
  • Related services, including compliance with charity regulations, and advice on annual reports and removing or appointing trustees

For more information in respect of our services, see our charitable organisations page.

The Glanvilles’ client service promise

When you use our charity startups service, we promise:

  • Our staff will be friendly, respectful and attentive.
  • Your concerns will be listened to, your questions answered, and your options explained in plain English.
  • The cost of dealing with your requirements will be made clear to you from the outset.
  • We will answer your phone calls and emails promptly.
  • We will keep you regularly updated at all times.

Get in touch with our expert charitable startups solicitors in Chichester, Fareham and Havant

If you are looking for expert advice for starting a charity, contact our charity solicitors in ChichesterFareham or Havant or fill in our simple online enquiry form for a quick response.