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A B C D E F G H I J K L M N O P R S T V W Y

The incorporation of unincorporated charitable trusts and associations

The incorporation of unincorporated charitable trusts and associations

Whilst in some cases an unincorporated structure might be suitable for a charity, in other cases such unincorporated structures can be vulnerable to increased and unnecessary risks, particularly in an increasingly litigious environment.

We very regularly assist the trustees of unincorporated charitable trusts and associations in incorporating their charities, establishing either companies limited by guarantee or charitable incorporated organisations in their place.

Incorporation brings with it many benefits, such as a legal personality for your organisation quite separate from the trustees but there are a number of Charity Law and commercial issues that need to be considered from the outset.

For example, it is necessary to establish whether or not your charity holds property subject to any restrictions upon the expenditure of capital (known as permanent endowment). It is also necessary to consider the contents of any leases and contracts your organisation may be a party to, as well as making proper arrangements for the transfer of the employment of any staff to the new incorporated entity.

Our Charity Law solicitors are highly experienced in the incorporation of unincorporated charities and can guide you through the process in an efficient manner, ensuring that the proper processes and all legal requirements are satisfied.

Charities Newsletter

Our team of Charity solicitors publish a quarterly newsletter covering the latest legal news and developments in the world of Charities and Social Enterprises. To find out more please visit the CSE News page in the Publications section.

Charity Blog

Our Charity Law Solicitors regularly write blogs on issues affecting the sector, click here to read our Charity Law blog.

Useful downloads

Charities and Social Enterprises leaflet

Charities - Services for the Non-Domiciled Philanthropist

 

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