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Charity Fundraising & Income Generation

Our charity lawyers help third-sector organisations to raise funds and generate income through partnerships, lotteries, appeals and more.

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Charities often rely on fundraising for a large percentage of their income. This comes with a raft of challenges — especially where effective governance is concerned.

From ensuring that charities take into account ethical considerations when receiving donations to complying with charity law, the Code of Fundraising Practice and — where relevant — Gambling Commission requirements, our team of experts is on-hand to help you navigate this notoriously complex area.

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Corporate partnerships & collaborations

Ever more charities are seeking fundraising collaborations with external organisations to develop and diversify sustainable income streams. These can be carried out in a number of ways — and the subsequent benefits for those involved can vary considerably.

Typically, corporate partnerships involve a charity partnering with a business. The business may donate money or other resources, such as engaging its staff in fundraising and volunteering opportunities. Such relationships are usually separate from the day-to-day activities of the business, with little or no public promotion.

However, where charities engage with third-party commercial participators or professional fundraisers, the Charities Act 1992 (as amended) and the Charitable Institutions (Fund-Raising) Regulations 1994 require a written agreement to be put in place to satisfy statutory requirements. The legislation also requires commercial participators, professional fundraisers and sometimes paid charity officers, employees and trustees to make what is known as a ‘solicitation statement’ each time donations are sought on behalf of a charity.

Our depth of experience in this sector enables us to help charities ensure that there’s a common understanding of what each arrangement means in practice, as well as the risks involved — and ensure that they’re properly managed. We take advantage of best practice when preparing and advising on the necessary agreements and solicitation statements, where our technical yet practical advice ensures compliance with all legal requirements and the Code of Fundraising Practice.

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Lotteries, raffles & prize draws

The third sector has seen the growing importance of lotteries, raffles, competitions and prize draws as methods of fundraising — particularly following the pandemic, which saw many in-person fundraising activities brought to a halt by lockdown restrictions. Since then, many charities have continued to use and develop their lottery programmes to find new supporters and offer different ways to support causes, adding the incentive and fun of a potential prize.

However, lotteries are — by definition — a form of gambling. They shouldn’t be undertaken unless specifically permissible in law. Different categories of lotteries are permitted under the Gambling Act 2005 — each of which has varied regulatory and administrative requirements.

Some lotteries can only be carried out by charities that have obtained a specific licence from the Gambling Commission, while others are exempt from requiring a licence. As with all other forms of charitable fundraising, those charities who conduct lotteries must also comply with the Code of Fundraising Practice and (where relevant) the LCCP (the Gambling Commission's Licence Conditions and Codes of Practice). On occasion, consideration must also be given to the CAP Code (UK Code of Non-broadcast Advertising and Direct & Promotional Marketing) and the BCAP Code (UK Code of Broadcast Advertising). 

We know just how complicated and time-consuming legal compliance can be. We offer peace of mind by guiding you through the complex legal and regulatory regime that governs lotteries and providing assistance with your ongoing engagement with the Gambling Commission and Fundraising Regulator. We can help you to understand the specific rules and regulations that apply to any lotteries you conduct and implement effective policies and procedures to protect your charity — ensuring that you always operate within statutory obligations.

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Failed & surplus appeals

Charities often undertake appeals to raise funds for a specific purpose. This may include funding repairs or improvements to charity buildings, purchasing equipment or assisting the victims of a natural disaster. 

Where a particular sum is required to achieve the purpose of the appeal, risks arise of either a ‘failed appeal’ (the appeal not raising enough money) or a ‘surplus case' (the appeal raising more than is needed).

To avoid such issues, it’s important to carefully prepare the right fundraising literature in advance of any appeal. This can mitigate the risks of a failed appeal or surplus case. However, while such preparation is advised by the Charity Commission and Fundraising Regulator, this doesn’t always happen in practice. 

Strict rules and legal processes exist in the Charities Act to address failed appeals and surplus cases in a manner that allows for the repurposing and redirection of those funds. Aside from the real and obvious reputational issues for the charity concerned, failed fundraising appeals can also spark the concern and regulatory interest of the Charity Commission, as well as complaints to and investigation by the Fundraising Regulator.

Meet our team

Graeme hughes

Graeme Hughes

Partner, Head of Charities, Not-for-Profits and Social Enterprises

Imogen Trafford 1

Imogen Trafford

Associate

Ciara Lawlor

Ciara Lawlor

Graduate Solicitor Apprentice

Brabners has real expertise in charities and dealing with the Charity Commission. This is quite rare to find. Establishing a charitable publisher is hard, because there isn’t a clear line between what is charitable and what isn’t. Brabners did this successfully. Its fees are affordable by the sector.

Client feedback, The Legal 500, 2024

Graeme Hughes competently advises on charity law, governance and regulatory issues, as well as overseeing matters requiring insights from his corporate, property and employment colleagues.

The Legal 500, 2024

We have valued the long-term relationship with [Brabners]… [its] understanding of our company structure — and the market, regulation and jurisdiction in which we operate — supports the delivery of exceptional advice. Graeme Hughes and Imogen Trafford provide outstanding support around charity law.

Client feedback, The Legal 500, 2024

[Brabners] is interested in knowing your business and understanding the culture and nature of what you do. This leads to bespoke solutions… not simply ‘off the shelf’ advice that you may get from any firm.

Client feedback, The Legal 500, 2024

Ex-Charity Commission lawyer and Charity Tribunal Judge Stephen Claus continues to influence departmental and client decisions through his role as a consultant.

The Legal 500, 2024

The ‘outstanding’ Imogen Trafford is highly active on mandates concerning the registering, merging and dissolving of charities.

The Legal 500, 2024

Charity fundraising and income generation FAQs

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