Scottish charity law

Scottish charities are subject to significant new and enhanced obligations under the Charities and Trustee Investment (Scotland) Act 2005. In addition, charitable companies limited by guarantee must meet the compliance requirements of the Companies Act 1985, which apply in the same way as to a company limited by shares formed for commercial purposes. The same time limits apply for holding annual general meetings, for submitting accounts and annual returns and for notifying changes in company officers. The company has to maintain statutory registers (the Registers of Members, Directors, Secretaries, Charges, Directors' Interests) and minute books for directors' and members' meetings. Trading companies must also meet these obligations.

These compliance obligations can be time consuming and can also be a trap for the unwary, with penalties for non-compliance. Ensuring you deal well with these obligations is essential to your effectiveness and good standing, with regulators and other 'stakeholders', incuding your supporters, donors, funders and the public.

At Oswalds we can assist in company compliance matters by either acting as secretary or joint secretary or by providing company secretarial back up and advice to company secretaries.


Next step

For further information on our company secretarial services to charitable companies please contact Roddy Sandeman on 0131 200 7141 or by e-mail roddy_sandeman@oswalds.co.uk