Charity Legal Services
Rollits' dedicated charities team offers a truly comprehensive package of support for charities to meet legal needs that are as varied as the work of the organisations we assist.
Our charity lawyers offer a joined-up approach, free of legal jargon, providing an accessible and friendly service. Rollits also remains at the forefront of developments in a fast-moving and competitive field, regularly contributing to leading charity law journals, running an annual free charities legal update seminar and offering bespoke in-house training.
Our team is recognised for the breadth and depth of its expertise, with individuals in the team drawn from across the firm’s departments. As well as advising charities on charity law compliance, our team includes specialists in employment, property, company and commercial law, dispute resolution, trusts, and social housing – all areas where charities now need specialist advice.
We have considerable experience of working on a wide range of projects for charities delivering public services and also advise charities on governance and structural issues, contractual, employment and pensions issues.
We can also advise on all matters relating to Community Interest Companies (CICs). Often set up as trading subsidiaries by charities, CICs come with their own specific legal requirements and challenges, and we can help you to overcome these by offering comprehensive guidance.
Rollits have a professional team who respond in an efficient, effective and timely manner. Communication is excellent and this facilitates an appropriate professional relationship and service, which is tailored to the individual needs of the client.The UK Legal 500, 2023 edition
Rollits have detailed knowledge and experience of working with clients in the charity sector, in-particular, navigating legal organisation changes. That experience is applied to provide comprehensive information, to ensure that all options are explained to clients and explored.The UK Legal 500, 2023 edition
Our charity legal service expertise
Our charity legal services solicitors have expertise in a full range of matters, including:
- Charity Formation, Mergers, De-mergers and Dissolution
- Charity and Not for Profit Legal Structures
- Charity Incorporation – becoming a charitable company or Charitable Incorporated Organisation (“CIO”)
- Charities Act Compliance
- Regulatory Issues (including Data Protection)
- Contractual Issues
- Trustees’ Legal Duties and Responsibilities
- Monitoring and Advising on New Legislation
- Trust Law
- Governance reviews
- Constitutional Issues
- Amending charities’ governing documents
- Dealing with charity land
- Liaising with The Charity Commission
- Permanent Endowment
- Creation of new charities and not for profit organisations
- Charity Registration
- Trading, Fundraising and Taxation Issues
- Trustee Training
- Charity Dispute Resolution
- Responding to Charity Commission enquiries
- Serious Incident Reporting
Get in touch with our charity lawyers today
To discuss your charity requirements, get in touch with our specialist charity lawyers. From our offices in both Hull and York, we support clients in the region and the North, as well as across the rest of the UK.
Our charity legal services
A charity’s formation is important to determine its success, whether this may be by merging, de-merging or linking the charity. Seeking guidance from a legal professional is essential to find the most suitable structure.
Our will advise you on the appropriate structure for your charity, for example, whether merging your charity is in its best interests and the advantages and disadvantages involved. Should you decide to proceed, our team can guide you through the process, including arranging meetings, getting approval and more.
The team can also provide support with linking charities or the process of de-merging a charity should this be required. In addition, we can assist with matters such as dissolutions.
There are various structures available for charities and finding the most appropriate one can be crucial for their success. Obtaining sound legal advice from a solicitor can help ensure a suitable structure is found.
Our charity lawyers will advise your not for profit organisation on the structure that suits the needs and goals of the charity and ensures matters run more effectively.
Our charity lawyers regularly guide charities on:
- Companies limited by shares or guarantee
- Charitable Incorporated Organisations (CIOs)
- Community Interest Companies (CICs)
- Incorporated Trustees
- Community Benefit Societies
- Trustee Companies
- Unincorporated Organisations – including membership organisations
Learn more about our expertise with charity legal structures.
A Charitable Incorporated Organisation (CIO) or becoming another type of incorporated charity has many benefits, including limited liability for trustees and members, receiving better and quicker funding opportunities from lenders, becoming more efficient and resilient as well as attracting new trustees and members.
At Rollits, we can deliver proficient advice on:
- The appropriate incorporated structure
- The process of becoming a CIO or other incorporated structure
- Completing the steps involved
Learn more about our expertise with charity incorporation.
The Charities Act 2011 sets out a number of laws which charities should be correctly following, and this is in the process of being implemented as the Charities Act 2022 comes into force. The changes concern how charities sell, lease or transfer land, greater flexibility to make use of ‘permanent endowment’ and how governing documents need to be amended.
Our charity lawyers s have in-depth knowledge of charity law, regularly updating their understanding to better assist clients in an accurate manner. Our team will ensure you are aware of the laws in place and how your charity should comply with them.
There are a number of general regulations in the UK that charities have to comply with, including GDPR, fundraising and health and safety. Having strong governance helps charities to comply with these regulations.
Should your charity be accused of not meeting regulatory requirements, you may face fines and reputational damage, so good legal advice and representation is crucial.
Our team have a wealth of expertise assisting all types of charities and can ensure you are meeting the relevant requirements. We can also assist with appeals to the First-Tier Tribunal (Charity) or the High Court by preparing a strong case with evidence to support you.
Charity trustees have a legal responsibility and duty to correctly operate a not for profit organisation, and this involves carrying out certain duties.
Our charity in Hull and York can ensure you accurately understand and are correctly following the six legal charity duties:
- Working in the public’s benefit
- Complying with the charity’s governing document and charity law
- Acting in the charity’s best interests
- Managing the charity’s resources correctly
- Acting with reasonable care and skill
- Holding the charity accountable for its actions
Our charity lawyers are members of the Charity Law Association to keep up to date with developments in charity law. We regularly issue briefings and provide an annual charities legal update to ensure that clients stay informed and remain in compliance with up to date charity legislation.
Many charities are established in the form of a trust, where the held funds are only to be used for the purpose of the charity and the operations are run by appointed trustees.
Our charity law solicitors can assist with charity trust formation, including drafting and signing a trust deed. We can further assist those acting as trustees of a charitable trust, advising them of their rights and prohibitions.
Our charity lawyers will make certain you are aware of the fundamental principles your charity should be adhering to and set these out in a legally binding constitutional document.
We can assist with drafting a robust document that clearly sets out the role and the organisation’s responsibilities, including its functions and operational rules. We can further assist by submitting the constitution to The Charity Commission.
Our charity lawyers can advise charities on complicated trading issues including when it is necessary to use a trading subsidiary and whether it is possible to undertake trading through the charity itself.
We are also able to advise on fundraising in the most tax efficient manner and the relevant exemptions available.
We are able to advise on the correct legal relationship between a charity and its wholly-owned trading subsidiary and have also advised charities in respect of the dissolution of trading companies when these are no longer required.
Understanding trustee duties is an important element of being a trustee and ensuring that the charity is well run and managed effectively. Trustees are expected to be mindful of their duties and carry them out in the best interests of the charity.
Our charity lawyers are able to provide tailored trustee training sessions and advise trustees on their duties within the context of their charity. Trustee training can be delivered to trustees who are new to role or experienced trustees who may wish refresh their understanding of the duties placed on trustees.
Why choose our charity lawyers?
At Rollits, we have a great connection with local and national charities and recognise the important work that goes into them. Our support also helps to expand our understanding of charity law and how we can best assist clients. We also regularly advise schools and colleges, churches, member organisations and social enterprises.
When instructing Rollits lawyers for charity advice, clients will receive a friendly and approachable service from caring solicitors who take the time to clearly understand individual situations and needs.
With more than 180 years of experience assisting clients with all types of legal matters, you can be confident in receiving a bespoke service from solicitors with a great depth of knowledge and legal understanding.
Working with Rollits guarantees a personalised and transparent service throughout your legal matter. We aim to ensure that all advice and guidance is explained in clear English, without unnecessary and confusing legal jargon.
Our charity legal service fees
At Rollits Solicitors, our team believes in offering competitive legal rates to reflect the quality of the service we offer our clients. It’s understandable to want clear pricing from the outset in order to budget accordingly and make the decision whether our team is the right fit for your charity.
We base our legal service fees on the circumstances of the matter we are providing assistance with, in addition to the level of expertise and legal support required. For matters more straightforward, our team may be able to offer services on a fixed fee basis. For more complicated charity legal services, we will provide a full scope of work and breakdown of cost prior to being instructed.
To discuss the services and packages which we can offer to clients, please don’t hesitate to contact our team today using the contact details below.