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GLOSSARY

Charity Commission definition

What does Charity Commission mean?

The charity commission for england and wales is a body corporate which is responsible for regulating the charities in England and Wales, subject to certain exceptions.

It has power to conduct investigations into charities, direct administrative and cy-près schemes and authorise the taking of charity proceedings in the courts. An appeal from a decision of the Commission lies in the first instance to the Tribunal.

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Public appeal—checklist

Public appeal—checklist At the beginning of a charitable public appeal, there is no (or little) guarantee that the appeal will be successful. Consequently, it makes sense to set out the main issues to be dealt with at the beginning. This checklist will assist the practitioner when explaining those potential issues or can be given to the appeal promoters to keep these issues in mind. The checklist isolates some matters of concern, such as: • objects—identifiable and practicable objects are necessary • target—if the appeal is ongoing, there may need to be consideration as to how, say, continuing maintenance or research is to be funded • trustees—responsibility is an essential element • assistance—it may be that other charities and professionals will be able to lend help in areas beyond the knowledge of the trustees • records—it will be necessary for meticulous records to be kept if, for no other reason than if the appeal fails, it may be necessary to return funds Details Objects of appeal What is...

Checklist—Creating and running a charity

Checklist—Creating and running a charity FORTHCOMING CHANGE: The Charities Act 2022 (CA 2022) received Royal Assent on 24 February 2022 and the plan, as set out in Charities Act 2022: implementation plan is for its provisions to come into force in three defined groups over three stages, on 31 October 2022, on 14 June 2023 and in “early 2024”. For a summary of the provisions in CA 2022 which have been implemented so far, see: Charities Act 2022: information about the changes being introduced. CA 2022 implements the majority of the recommendations from the 2017 Law Commission report, ‘Technical Issues in Charity Law’. For a summary (as at 9 April 2021) of the recommendations that have been accepted, see News Analysis: Government response to Law Commission report ‘Technical Issues in Charity Law’. When setting up a charity there are a number of issues that have to be decided upon that will not only apply to its creation but also to its future...

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The Charity Commission - how to complain

FORTHCOMING CHANGE: The Charities Act 2022 (CA 2022) received Royal Assent on 24 February 2022 and the plan, as set out in Charities Act 2022: implementation plan is for its provisions to come into force in three defined groups over three stages, on 31 October 2022, on 14 June 2023 and in ‘early 2024’. For a summary of the provisions in CA 2022 which have been implemented so far, see: Charities Act 2022: information about the changes being introduced.CA 2022 implements the majority of the recommendations from the 2017 Law Commission report, ‘Technical Issues in Charity Law’. For a summary (as at 9 April 2021) of the recommendations that have been accepted, see News Analysis: Government response to Law Commission report ‘Technical Issues in Charity Law’.The Charity Commission is the regulatory body for in excess of 160,000 charities with a combined annual gross income of over £50 billion. It's area of operations is confined to England and Wales. In Scotland similar functions to the Charity Commission are performed by...

Charity registration with the Charity Commission

FORTHCOMING CHANGE: The Charities Act 2022 (CA 2022) received Royal Assent on 24 February 2022 and the plan, as set out in Charities Act 2022: implementation plan is for its provisions to come into force in three defined groups over three stages, on 31 October 2022, on 14 June 2023 and in ‘early 2024’. For a summary of the provisions in CA 2022 which have been implemented so far, see: Charities Act 2022: information about the changes being introduced.CA 2022 implements the majority of the recommendations from the 2017 Law commission report, ‘Technical Issues in Charity Law’. For a summary (as at 9 April 2021) of the recommendations that have been accepted, see News Analysis: Government response to Law Commission report ‘Technical Issues in Charity Law’.Of particular relevance to this Practice Note are the changes relating to the ability to change the objects of a charity. The position set out below in relation to this subject may be affected by the implementation of CA 2022.The Charity Commission for England...

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Charitable and political donations—donation due diligence form

Charitable and political donations—donation due diligence form The due diligence procedural questions contained in this form will be applied to donations over £[x], according to the levels of risk. The answers to these questions will assist in the process of deciding whether or not to make a donation. To be completed by [person(s) making that decision, eg the Risk team]. 1 General Proposed recipient [Insert name] Date [Insert date] Internal contact [Insert name] 2 The donation Amount of proposed donation (in £) £[Insert amount] Reason(s) for donation [Insert reason(s)] Is/are the reason(s) for donation clear and legitimate? ☐ Yes☐ No—the donation must not be made Could the timing of the donation influence the award of business or a contract, or be perceived to? ☐ Yes—refer to [insert name, eg ABC Officer]☐ No Has the donation been proposed, requested or arranged through a third party? ☐ Yes—refer to [insert name, eg ABC Officer]☐ No Is the proposed method of payment of the donation transparent and...

Charity trustee appointment letter

Charity trustee appointment letter [HEADED NOTEPAPER] [NAME and ADDRESS OF CHARITY] [DATE] [ADDRESS OF CHARITY] [By email] Dear [NAME OF APPOINTEE] Your appointment as trustee of [INSERT CHARITY NAME] I am writing to confirm that you have been appointed as a trustee [and director] of [FULL NAME OF CHARITY INCLUDING WORKING NAME/ACRONYM], a [registered charity in England and Wales ([CHARITY REGISTRATION NUMBER])] [ and ] [a company, registered under number [NUMBER]]. Many congratulations, and my fellow trustees and I look forward to working with you. [You will be appointed a charity trustee [and director] effective on [DATE] subject to the satisfactory completion of background and eligibility checks, and upon receipt of all the necessary documents which are enclosed with this letter: [INSERT RELEVANT DOCUMENTS]. OR You have been appointed a charity trustee [and director] effective on [DATE], having completed the relevant background and eligibility checks, and received the necessary declarations and documentation from you.] Our contact details for you are: [List contact details] Please advise...

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Where a charity, registered at Companies House and with the Charity Commission purchases property to serve as its head office, with the aid of a commercial mortgage, must the charge be registered at Companies House in the usual way?

Where a charity, registered at Companies House and with the Charity Commission purchases property to serve as its head office, with the aid of a commercial mortgage, must the charge be registered at Companies House in the usual way? Security over land that is created by a UK company is registrable at Companies House. This is the case regardless of whether the security is created by way of legal mortgage, equitable mortgage or charge. If the security is not registered at Companies House in accordance with the Companies Act 2006 it will be void against: • a liquidator of the security

If there was a situation where there is an SPV borrower, being an English limited company owned by a charity, would anything specific need to be done for the charity to validly: (1) grant limited recourse share security; or (2) enter into subordination arrangements; or (3) would the SPV granting security also need special treatment? it is not itself a charity but is 100% owned by one.

If there was a situation where there is an SPV borrower, being an English limited company owned by a charity, would anything specific need to be done for the charity to validly: (1) grant limited recourse share security; or (2) enter into subordination arrangements; or (3) would the SPV granting security also need special treatment? it is not itself a charity but is 100% owned by one. It is not stated within this question the structure of the charity in question, and you may need to refer to specific rules in relation to the exact structure of the charity. As such we have set out our general information below which we hope you will find useful in your further research. For background information you may wish to refer to our subtopic Charity and not-for-profit. Trading subsidiary For the purposes of this response we have treated the SPV in your question as a trading subsidiary. According to the Charity Commission 'A ‘trading subsidiary’ is a company, owned...

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Private Client weekly highlights—17 July 2025

This week’s edition of Private Client highlights includes: (1) Legislation Day is on 21 July 2025; (2) the ICAEW has launched a consultation on proposed probate registration fees for 2026; (3) analysis of Rogers v Wills, a rare example of the court finding a contract for care existed between family members; (4) the Investing and Saving Alliance proposes alternative approaches to the government’s pension IHT reforms; (5) Marcus v Marcus in which the appeal court upheld the decision that the word ‘children’ included a non-biological son; and (6) analysis of Mobile Telecommunications Company KSCP v HRH Prince Hussam Bin Saud Bin Abdulaziz Al Saud in which the court rules on the meaning of ‘place of residence’ in a bankruptcy jurisdiction appeal.

Private Client weekly highlights—10 July 2025

This week’s edition of Private Client highlights includes a case on the duty of a trustee to account for personal benefit and a case in which the court refused to set aside an appointment made by trustees which was outside of their powers. The government has announced the date of Legislation Day.

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