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Charity and voluntary sector services
We understand the issues facing charities and not-for-profit organisations, whatever legal form they take, when deciding on the appropriate corporate vehicle, restucturing, altering their constitutions or dealing with the changing and ever-increasing demands of regulation and public accountability.
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. Many varied and complex statutory obligations are now imposed on organisations, especially charities under the Charities and Trustee Investment (Scotland) Act 2005 and associated regulations. Coping well with these is essential to your effectiveness and good standing with regulators and other 'stakeholders', including the public. It will also ensure the charity does not fall foul of the wide range of penalties for non-compliance.
Oswalds' experts are passionate about the organisations they serve, offering a trustworthy and commonsense approach with practical legal solutions. Our main objective is always to work in partnership with you, relieving you of burdens, to get on with what you do best – making your charity a success. Our clients say 'We have received excellent assistance.....useful advice and good counselling.' (Wyn Merrells, Scottish Disability Equality Forum).
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.
Charity structures and constitutions: we regularly deal with conversions of unincorporated charities to charitable companies limited by guarantee and can custom-draft charity constitutions (either for new charities or to alter or update the constitutions of pre-existing charities). Reviewing and modernising your constitution may be appropriate in the light of the 2005 Act.
Trading: we can make alterations to charity structures and arrangements (for example, in relation to trading activities or trading subsidiaries).
Governance reviews: we undertake these for both charities and their trading subsidiaries, in order to provide practical, modern, legally compliant and effective governance regimes. This is particularly important in view of the new and enhanced obligations under the 2005 Act.
Statutory obligations: we can advise on procedures and provide documents relating to charity and private company law and practice, as well as company secretarial matters. We can act as Secretary to charitable companies or charities’ trading subsidiaries and provide a registered office address.
NameGuard: Name protection is becoming increasingly important to charities and their trading companies. We can help with trademark and other name protection services in both the UK and overseas.
Training and publications: we offer a range of training opportunities on charity topics for professional advisers and charity staff. Full-day seminars include:-
- Charity Reporting and Accounting in Scotland;
- Charities and Trustee Investment (Scotland) Act 2005;
- Charity Tax and VAT in Scotland;
- Employment Law for Charities in Scotland;
- Charity Law and Practice in Scotland;
- Charity Secretarial Administration.
We also offer half-day briefings on legal topics. Our range of publications for charities includes Jordans' Charities Administration Service, a practical looseleaf manual with updates three times a year. For further details see www.jordanpublishing.co.uk.
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
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