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Charity Commission publishes new fundraising guidance News - Briefing

Date: 28/07/2016 Authors : Rachel Holmes

In our last bulletin , we described the Commission's draft fundraising guidance, put out for consultation last December. The Commission has now published the final version.

Tax tips for property transactions News - Briefing

Date: 28/07/2016 Authors : James Bromley

Many charities' properties are their most valuable and important asset. As well as being financially valuable, a charity's property is often central in enabling core charitable activities to be carried out. The inherent value of property means that any property-related tax charge can have a...

New Fundraising Regulator goes live and consults on fees News - Briefing

Date: 28/07/2016 Authors : Rachel Holmes

On 7 July 2016, the Fundraising Regulator took over from the Fundraising Standards Board (the FRSB ); it also assumed responsibility for the Code of Fundraising Practice from the Institute of Fundraising, and the street and door-to-door fundraising Rule Books (from the Public Fundraising Regulato...

Charitable companies: new rules on providing information to Companies House News - Briefing

Date: 28/07/2016 Authors : Rachel Holmes

The Small Business Enterprise and Employment Act 2015 (the Act ) introduced a number of changes to company administration. The Act is being implemented in stages; the latest tranche of sections came into force on 30 June 2016.

Charity Commission consults on new power to issue formal warnings News - Briefing

Date: 27/07/2016 Authors : Rachel Holmes

The Charity Commission has published draft guidance, in which it explains how it intends exercising the new power to issue official warnings. This is intended to be a regulatory tool that is stronger than mere advice but less severe than a formal inquiry.

Charity Commission consults on its policy paper: 'Power to disqualify from acting as a trustee' News - Briefing

Date: 27/07/2016 Authors : Rachel Holmes

The Charities (Protection and Social Investment) Act 2016 (the Act ) gives the Charity Commission a number of new powers, including a discretionary power to disqualify individuals from acting as charity trustees or holding senior management posts in charities.

Good causes, bad publicity? – Didier Drogba and the importance of understanding your legal duties as a charity trustee News - Briefing

Date: 04/07/2016 Authors : James Maloney

This article was first published by Law In Sport , r eproduced here with kind permission of the editor. The former Chelsea and Ivory Coast footballer Didier Drogba made a huge impact on the pitch, with his goals bringing trophies to west London. He has also made no small impact away from the game...

Charities, Terrorism and Radicalisation – might your organisation be caught by the Prevent Duty? News - Briefing

Date: 31/05/2016 Authors : Kathleen Heycock

The “Prevent Duty” is a new concept created under the Counter-Terrorism and Security Act 2015.  In short, it requires certain “specified authorities” “ to have due regard to the need to prevent people from being drawn into terrorism ”.  The aim is to reduce the threat to the UK from terrorism by...

Charities (Protection and Social Investment) Act 2016 News - Briefing

Date: 06/05/2016 Authors : Elen Griffiths

The Charities (Protection and Social Investment) Act 2016 (the Act) has been hailed as "part of a big reform programme for charities and social enterprises" by Rob Wilson, the Minister for Civil Society. We explained the background to the Act and its development in our briefing in August 2015. Th...

What is a 'sport'? The decision of the Charity Tribunal in the Cambridgeshire Target Shooting Association case News - Briefing

Date: 04/05/2016 Authors : James Maloney

The First-tier Tribunal (Charity) (the Tribunal ) recently decided not to recognise Cambridgeshire Target Shooting Association ( CTSA ) as a charity. 

Closing the gender pay gap News - Briefing

Date: 04/05/2016 Authors : Rachel Lewis , Claudia Rooney 

In February the Government published draft Regulations that will introduce mandatory gender pay gap reporting. It intends the Regulations to come into force on 1 October 2016.  Affected employers will then have a lead-in time of 18 months to publish the required information; taking a preliminary...

General Data Protection Regulation: Implications for Charities News - Briefing

Date: 29/04/2016 Authors : Alan Baker, Nicole Reed

Last December, the European Commission announced that consensus had finally been reached on the text of the General Data Protection Regulation ( GDPR ).  The three independent law-making bodies (the European Commission, Parliament and Council) had combined their efforts under the leadership of Ja...

In, Out, In, Out, Shake it All About? Charities, Campaigning and the EU referendum News - Briefing

Date: 29/04/2016 Authors : Laetitia Ransley

As the EU referendum date of 23 June approaches and the prospect of a potential Brexit looms, many in the charity sector will be pondering what the likely impact of the vote will be for their organisation, and what – if any – role they wish to play in determining its outcome.

Consultation on simplifying the Gift Aid donor benefit rules News - Briefing

Date: 29/04/2016 Authors : Rachel Holmes

Fundamentally, Gift Aid is a tax relief on charitable donations, but it has long been possible for charities to provide some benefits to donors in connection with their donations and still claim Gift Aid, for instance as part of a charity membership scheme. There are, however, limits to the...

Charity Commission's Consultation on Fundraising Guidance: 'Charity fundraising: a guide to trustee duties' News - Briefing

Date: 29/04/2016 Authors : Nicole Reed

In the last year charity fundraising has been, and continues to be, headline news. Media scandal, triggered by the tragic death of Olive Cooke, coupled with increasing political pressure for reform has led to a full review of fundraising regulations ( the Etherington Review ), amendments to the...

The PSC Register: An introductory guide for charities and their trading subsidiaries News - Briefing

Date: 31/03/2016 Authors : Elizabeth Jones

Since 6 April 2016, registered companies have been required to keep a Register of People with Significant Control ( PSC Register ) from 6 April 2016.  This new requirement applies to all UK companies and LLPs including charitable companies, community interest companies and trading subsidiaries of...

The Common Reporting Standard: Issues facing charities News - Briefing

Date: 12/02/2016 Authors : Julian Smith, Jessica Reed

New international tax transparency legislation will require some charities to make reports to HMRC. Importantly, those charities that are affected may not currently have the facilities to comply with the forthcoming obligations. Charities should take time to consider whether they are affected and...

Regulating Social Investment News - Briefing

Date: 09/02/2016 Authors : Fiona Lowrie, Lizzie Jones

1. Background The FCA recently issued a Call for Input: Regulatory Barriers to Social Investments ( Call for Input ). The Call for Input follows up on the FCA’s commitment to consider the social investment sector further as a result of its work on crowdfunding platforms. The FCA believes that the...

The new fundraising regulatory regime – what has been proposed and where are we now? News - Briefing

Date: 08/02/2016 Authors : Lizzie Jones, Rachel Holmes, Elizabeth Jones

By now you will probably have read the headline recommendations of Sir Stuart Etherington's review of the self-regulation of fundraising. This article aims to give you a little more detail on the proposals and describes some of the steps that have been taken since the report was published.

Slavery and human trafficking statements – what charities need to do News - Briefing

Date: 08/02/2016 Authors : Laetitia Ransley, Rachel Holmes

Section 54 of the Modern Slavery Act 2015 requires "commercial organisations" with an annual turnover of £36m or more to prepare a slavery and human trafficking statement for each financial year. A "commercial organisation" is defined as "a body corporate (wherever incorporated) which carries on ...

Managing Long-Term Sickness Absence – Difficult Areas, Recent Cases and Top Tips News - Briefing

Date: 08/02/2016 Authors : Katie Rigg

Handling long-term sickness absence can be tricky for employers. This article draws out some of the key points from five cases on the subject.

Charities and terrorism offences – staying on the right side of the law News - Briefing

Date: 08/02/2016 Authors : James Maloney, Rachel Holmes

When the draft Protection of Charities Bill [1] was being considered, a number of humanitarian charities expressed concern that terrorism offences had been added to the list of crimes that would lead to automatic disqualification from trusteeship. These charities explained that it can be difficul...

Information Matters: Should charities be worried about FOIA? News - Briefing

Date: 21/01/2016 Authors : Helen Mulligan

From an information law perspective, 2015 was not a great year for charities. As we reported in September, a series of damning articles in the Daily Mail and other newspapers (following the tragic death of Olive Cooke) triggered an investigation by the Information Commissioner’s Office into chari...

Gift Aid and Developments in Consumer Law News - Briefing

Date: 06/11/2015 Authors : Laetitia Ransley

The Gift Aid admissions scheme in relation to cultural property will be one familiar to many who are involved in the management of historic houses, estates and other properties, and can provide a valuable source of additional income for charities established to preserve heritage sites. This artic...

How to minimise VAT on your direct mailings News - Briefing

Date: 03/11/2015 Authors : Rachel Holmes

In the past, charities that send out direct mailings frequently used one supplier to produce and dispatch communications, on the understanding that the law bundles these goods and services together as a single supply that is subject to a 0% rate of VAT.

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