Dealing with charity regulators

We have a great deal of experience in liaising with charity regulators, whether for administrative and trust purposes (such as establishing new charities and obtaining orders and schemes), when serious incidents occur or, on occasion, when a charity has a difference of opinion with a regulator which needs resolving.

In the UK, this may involve interaction with the Charity Commission as well as other regulators such as the Privy Council, the Office of the Scottish Charity Regulator, the Charity Commission for Northern Ireland, the Attorney General, the Department for Education, the Department of Health, the Housing Corporation and the Department for Business, Innovation and Skills.  

In the US we regularly advise charities on their dealings with the IRS or the Attorney General for the state in which the charity operates. For example, we have dealt with a variety of disputes between the states' Attorney Generals and charitable trusts relating to the reformation of charitable trust interests.

In Asia we also have considerable experience in both the formation of charities and subsequently acting for them. This entails frequent dealings with the Hong Kong Inland Revenue Department and the Singapore Commissioner of Charities.

Our clients include Cancer Research UK, Macmillan Cancer Support, NSPCC, the British Red Cross Society, the Salvation Army, RSPCA, RSPB, National Animal Welfare Trust and many others. We act for local, national and international charities.

We have excellent personal contacts with charity regulators which means we can obtain sensible answers quickly and, due to our understanding of their systems, we can plan in advance for any questions or concerns we expect them to have.    

Recent work highlights

  • Successfully defending former trustees of a Christian charity, whose investment decisions resulted in significant losses, against claims brought at the Charity Commission's direction
  • Advising a number of national charities on serious incident reporting and liaising with the Charity Commission in relation to the same
  • Working with the Charity Commission to change the objects of a trust supporting retired nurses by way of a scheme
  • Acting for individuals and overseas charitable organisations in registering new charities with the Charity Commission
  • Acting for the National Association of Citizens' Advice Bureaux (CAB) in a Charity Commission investigation into the London East End CAB
  • Representing a major London synagogue, which was also the subject of an investigation by the Charity Commission
  • Acting for the RSPCA in connection with a scheme to give effect to a substantial legacy for the purposes of cat welfare
  • Acting for the trustees of a charitable remainder trust with significant assets in connection with a dissolution of the trust

 

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