Charities and not-for-profit organisations, whatever legal form they take, are subject to a number of statutory obligations that must be complied with. What appears to be routine can be fraught with problems or is often sidelined and then forgotten.

Increasingly, the preferred option on legal form for charities is the company limited by guarantee. A new organisation seeking charitable status in Scotland can benefit from the confidence which corporate form gives to suppliers, funders, donors, supporters and others. Existing charities may decide to convert to company legal form. Benefits of corporate form include easier recruitment of trustees worried about liabilities in an unincorporated structure, a formal structure for strategic governance (at trustee board level) and membership(with accountability to the members through annual reporting and the AGM), ease of asset-holding and limited liability protection.

We can advise on the most appropriate corporate vehicle from the various possible options, suggest appropriate structures for membership and practical arrangements for the appointment of trustees. We can also custom-draft the memorandum and articles to meet your needs and circumstances and comply with the demands of Scottish charity law and company law and OSCR's requirements.

Note that OSCR will review all aspects of an organisation seeking charity registration and may well suggest changes. We can offer further advice and assistance should that occur.

Company formations: we can advise on the most appropriate corporate vehicle, then incorporate it. If you are a charity, we can arrange registration on the Scottish Charity Register. We can incorporate trading subsidiaries and assist with the registration in Scotland of charitable companies incorporated in England & Wales.

Trading companies: where a trading subsidiary is necessary or appropriate we can provide a suitable form of memorandum and articles to ensure the charity retains control and benefits from profits made from the trading.

Next step

For further information and assistance regarding any of our services to charitable companies, please contact Alister Gillies on 0131 200 7124 or email alister_gillies@oswalds.co.uk