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Charities and Not-for-Profit Entities: Law and Practice

Cecile Gillard

ISBN13: 9780854900749

Published: August 2012

Publisher: Wildy, Simmonds and Hill Publishing

Country of Publication: UK

Format: Paperback

Price: Out of print

In the charity, social enterprise and the wider “not-for-profit” sectors, there is a renewed emphasis on the public interest, significant public reporting demands and a far stronger demand for good governance and the proper management of critical related issues, like conflicts of interest.

At the same time relevant regulation has become ever more complex, including separate charity regimes for the constituent parts of the UK, and the law affecting both charities and other “not-for-profit” entities has been substantially altered.

The Charity Commission has recently commented that in some circumstances it will now be difficult for charity trustees to demonstrate they have correctly discharged these revised responsibilities if they have not taken appropriate professional advice.

Charities and Not-for-Profit Entities provides practical guidance to the major legal features of charities and other “not-for-profit” organisations and to the legal and regulatory regimes that affect them. It offers an overview of key subjects, such as legal forms, membership, constitutions and public accountability.

The book also addresses specific areas where organisations are most likely to encounter problems if they are unaware of legal requirements and restrictions, such as trading and fundraising.

Subjects:: Charities, Wildy, Simmonds and Hill

Contents:: Preface; 1. The Essentials of Charities and Not-for-Profits;; 1.1 What is a ‘charity’?; 1.2 Charity law and regulation; 1.3 Charity registration;; 1.4 Social enterprises;; 1.5 Other not-for-profits;; 1.6 Typical legal forms for charities and not-for-profits;; 2. Governance and Management;; 2.1 What governance is;; 2.2 What governance is not;; 2.3 Who is responsible for governance?;; 2.4 Governance in context for civil society organisations;; 2.5 Charities – the role of trustees;; 2.6 Duties of company directors;; 2.7 Honorary officers;; 2.8 The governing document;; 2.9 How governance is actually done;; 2.10 Delegation by charity trustees;; 3. Membership;; 3.1 What is ‘membership’?;; 3.2 Membership – legal capacity;; 3.3 Membership – eligibility;; 3.4 Membership – guarantee companies; 3.5 Membership – share companies;; 3.6 Membership – community interest companies; 3.7 Members’ rights; 3.8 Members’ liabilities;; 3.9 Admission of new members;; 3.10 Cessation of membership; 3.11 Members’ meetings; 3.12 Members’ responsibilities and liabilities;; 3.13 Membership classes; 3.14 Members’ decisions;; 4. Constitutions and Legal Administration;; 4.1 Introduction;; 4.2 The legal form of the constitution; 4.3 Constitutions of charities – general matters;; 4.4 Companies incorporated under the Companies Act 2006;; 4.5 Companies incorporated before 1 October 2009;; 4.6 Constitutions of charitable incorporated organisations and Scottish charitable incorporated organisations; 4.7 Altering constitutions; 4.8 Legal administration;; 4.9 Annual and other general meetings;; 4.10 Registers and records;; 4.11 Disclosure obligations;; 4.12 Execution of documents;; 4.13 Electronic signatures and electronic communications;; 5. Public Accountability and Reporting;; 5.1 Introduction;; 5.2 Annual compliance;; 5.3 Accounting records;; 5.4 Annual accounting and reporting – charities; 6. Finance and Funding;; 6.1 Finance and funding – general matters;; 6.2 Fundraising regulation – general;; 6.3 Investments;; 6.4 Borrowing and charges;; 6.5 Charities – social enterprise and trading; 6.6 Taxation – trading; 6.7 Rate relief;; 7. Practical Operation;; 7.1 Land transactions;; 7.2 Contracts; 7.3 Employment;; 7.4 Data protection;; 7.5 Intellectual property;; 7.6 Campaigning and political activities;; 7.7 Monitoring, evaluation and quality;; 7.8 Controls and risk management; 7.9 Health and safety;; 7.10 Insurance 1; Appendices; 1. Role Descriptions;; 1A Specimen role description for chairman; 1B Specimen role description for secretary of an unincorporated membership charity;; 1C Specimen role description for secretary of a charitable company; 1D Specimen role description for treasurer;; 1E Specimen role description for charity trustee;; 2. Model Declarations;; 2A Model declaration – candidate for charity trusteeship (unincorporated charity);; 2B Model declaration – candidate for charity trusteeship (charitable company);; 3. Membership; 3A Membership application form (charitable company);; 3B Membership resignation (charitable company);; 4. Useful Contacts