Charity

Choosing the right legal structure and charitable objects is one of the most important early decisions for a charity. We can help you build strong foundations from day one.

We can help with:  

• Establishing charitable trusts, Charitable Incorporated Organisations (CIOs) and charitable companies.  
• Advising on the most appropriate structure for all types of charities, including religious charities, grant-making charities, sporting charities and other not-for-profit organisations.  
• Drafting governing documents, charitable objects and trustee provisions.  
• Preparing and managing full Charity Commission applications.  
• Supporting trustees with early governance decisions so the charity starts on a compliant and practical footing.

As a practical first step, we can prepare the documents needed to support a robust registration application, including constitutional documents, trustee resolutions and supporting explanations of the charity’s purposes and activities.

Change can create uncertainty. Our role is to simplify the process, prepare the right documentation and help trustees make well-recorded decisions at each stage.

We can help with:

Merging with another charity

• Charity mergers and merger planning
• Transfer of assets, responsibilities and ongoing activities
• Charity Commission consents
• All merger documentation
• Registration on the Charity Commission merger list

Incorporation

• Incorporating into CIOs
• All incorporation documentation and support
• Trustee resolutions
• Drafting new constitution documents
• Registration with the Charity Commission

Closures

• Closure support and planning
• Trustee resolutions
• Asset distribution
• Updates to the Charity Commission
• Clear advice on final governance and administrative steps

Good governance is at the heart of every successful charity. We provide ongoing support to trustees and management teams on day-to-day legal and regulatory matters, including:

• Ad hoc charity law advice, including conflicts of interest, Charity Commission reporting and restricted funds
• Ongoing governance support through retainer arrangements
• Drafting trustee resolutions and minutes
• Deeds of retirement and appointment of trustees
• Constitutional amendments and applications for Charity Commission consent

Retainer packages

For charities that would benefit from regular support, we can put in place a retainer package giving you a dedicated point of contact and availability for legal support as and when required:

• Dedicated legal point of contact
• Trustee helpline for quick queries
• First access to relevant legal updates
• Planned governance check-ins where helpful

Our Charity MOT is designed to give trustees a practical overview of governance strengths, risk areas and opportunities to improve policies, procedures and decision-making.

As part of the MOT, we will produce a report scoring each of the following areas out of 10 and supply recommendations on how to improve compliance in those areas:

1. Governance and compliance 
2. Trustee decision making 
3. Conflict management 
4. Financial controls 
5. Safeguarding procedures 
6. Fundraising governance 
7. Grant-making procedures, where applicable 
8. Regulatory compliance 
9. Policies and procedures 
10. Anything specifically requested by trustees

People are at the heart of every charity. Whether employing a small team of staff or managing a large workforce supported by volunteers, trustees and senior leaders must balance their legal responsibilities as employers with the organisation's charitable purpose, funding constraints and governance obligations.

Our employment law specialists advise charities, social enterprises, faith organisations and other not-for-profit bodies on the full range of employment law and HR matters. We provide practical, commercially focused advice that helps organisations manage risk, support their people and respond effectively to changing circumstances.

We can support you with:

• Employment contracts, staff handbooks and workplace policies.
• Disciplinary, grievance and performance management issues.
• Redundancy exercises, restructures and organisational change.
• Collective consultation requirements and workforce reductions.
• TUPE transfers arising from outsourcing, insourcing, mergers and service changes.
• Employment Tribunal claims and workplace disputes.
• Equality, discrimination and safeguarding-related employment matters.
• Employment aspects of charity mergers, transfers of undertakings and governance changes.
• Senior executive appointments, exits and settlement agreements.
• Training for trustees, senior leaders and HR teams on employment law developments and risk management.

We understand that employment decisions within charities often attract additional scrutiny from trustees, funders, regulators and stakeholders. Our team provides clear, proportionate advice that takes account of the wider governance and reputational considerations facing charitable organisations, helping trustees and leadership teams make confident decisions while supporting their employees and protecting the charity's long-term objectives.

Property decisions can have significant legal, financial and governance implications for a charity. Our property lawyers help trustees to understand their responsibilities, protect charitable assets and complete transactions efficiently and compliantly.

We can support you with:

• Sales and purchases of charity land and buildings.
• Negotiating, granting, renewing and extending leases.
• Advising on permanent endowment and property held on charitable trusts.
• Meeting the statutory requirements that apply when charities dispose of land.
• First registration, title investigation and the reconstruction of complex or historic titles.
• Development land, promotion agreements, options, overage arrangements and restrictive covenants.
• Agricultural tenancies, easements, utilities agreements and other third-party rights.
• Charity Commission applications and consents where required.
• Supporting trustees with conflicts of interest, decision-making and the documentation of property transactions.

Our charity property specialists advise on the full range of issues affecting property held by charities and not-for-profit organisations. We regularly support trustees with sales, purchases, leases, permanent endowment, title investigations, first registrations and complex historic property issues, as well as helping them navigate the additional legal and regulatory requirements that can apply to charity land transactions. By combining property and charity law expertise, we provide practical, joined-up advice that helps trustees make informed decisions and manage charitable assets with confidence.

Churches and religious organisations can face unique issues involving charity law, property, governance and specialist ecclesiastical regulation. We advise dioceses, clergy, church bodies, trustees and religious charities, providing practical guidance that reflects their distinctive legal structures and responsibilities.

Our ecclesiastical team is led by Anna Spriggs, Diocesan Registrar and Bishop’s Legal Secretary for the Diocese of Peterborough. Anna has extensive experience advising dioceses on church law, property portfolios, trusts and complex land matters.

We can support you with:

• The sale and purchase of ecclesiastical land and buildings.
• Glebe land, parsonages and closed churches.
• Ecclesiastical charitable trusts and permanent endowment.
• Complex title reconstruction, first registration and rights of reverter.
• Property management, agricultural tenancies and development agreements.
• The requirements of the Church Property Measure, the Charities Act and the faculty jurisdiction.
• Canon law and clergy discipline matters.
• The restructuring of charitable trusts.
• Cathedral property matters.
• Governance and regulatory compliance.
• Employment, HR, data protection and safeguarding issues affecting faith organisations.

Our team combines specialist ecclesiastical knowledge with a practical understanding of the challenges faced by churches, dioceses and religious charities. Whether advising on governance, safeguarding, charity law, regulatory matters, clergy issues or the stewardship of church assets, we provide clear, proportionate advice that supports organisations in fulfilling their responsibilities, allowing them to focus on the things that matter most.

For more information about our ecclesiastical expertise, visit our Church Law page.