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Charities & Non for Profit Organisations

Stones has acted for charitable and not for profit organisations for many years, providing clients with advice from their inception and throughout the life of the organisation. 

Charities can take a number of forms; incorporated (often a company limited by guarantee or in the case of registered social landlords usually an industrial and provident society), unincorporated (maybe referred to as an association) or a trust.  Stones can assist charities in their formation, administration, reorganisation and dissolution.  Community Interest Companies are a relatively new vehicle for organisations to use if charitable status is not something that the organisation seeks.

Stones draws on expertise from across the firm to deliver advice to charitable and not for profit clients as the need arises in relation to property, disputes, employment advice or queries regarding legacies and wills.

 

Charity Structure

Charities often start as small, informal collections of individuals with a common purpose but as the charity grows the organisation needs a greater formality and structure.  The charity also needs to be able to contract and hold property in its own name.  Stones will advise on the structure of a charity and draft the constitutional documents as required together with other supporting documents.

As this sector evolves more options are becoming available for enterprises that operate in this field.  Stones can advise on the options that are available and suggest any changes in the structure as necessary.  Stones will help with:

  • Formation of charities;
  • Incorporation of existing charities to take advantage of limited liability status;
  • Mergers with other charities;
  • Redrafting or amending constitutional documents.

 

Compliance

The charity and not for profit sector is an important part of society and the economy.  The regulation in this area can be bewildering for the organisations that want to deliver advice, support or services to the beneficiaries that need their help.  Stones will help with compliance and contracts where such expertise does not exist in-house.  Example are:

 

Revenue Generation

One of the key aims of a charity is to generate income for the furtherance of the charitable objects and protect the revenue stream that they have.  Example of some areas that Stones are familiar with are:

  • Trading Subsidiaries;
  • Permitted business activities;
  • Grant documentation;
  • Fundraising Agreements;
  • Sponsorship Agreements;
  • Advice on legacies.

 

Intellectual Property (IP) and Information Technology (IT)

Charities and not for profit organisations, like many businesses in other sectors, rely on a website to provide information and advertise their brand.  Stones will help with protecting the IP that is used in the advertising and the IT contracts that go into the creation and maintenance of a website.  By way of example:

  • Registering trademarks (either UK or Community trademarks);
  • Drafting IP licensing agreements;
  • Reviewing Web Development agreements;
  • Reviewing Hosting agreements.

For more information on IP and IT please download our Information sheet in our related documents section.

 

Social Housing

Stones Solicitors has a dedicated Social Housing team acting for registered social landlords covering issues such as:

  • Management agreements with other resigestered social landlords (RSL's), care providers and charities.
  • Agreements with Health Authorities/Trusts relating to the transfer, leasing and/or management of care homes and the related funding arrangements
  • Site acquisitions and development and ancillary matters such as Section 106 Planning Agreements and other planning issues, Easements, Road and Sewer Agreements
  • Complex Projects
  • Shared Ownership Schemes
  • ASBOs and possession cases
  • Landlord and tenant matters
  • Residential and business leases
  • Loan facility agreements and the charging of completed housing schemes
  • Leasehold schemes for the elderly, schemes for those with learning disabilities and other special needs schemes
  • Construction issues (contentious and non contentious
  • Right to buy/aquire
  • Debt Recovery

For further information on Social Housing please click here

 

the charity law team

related charity law documents