All Change - Companies Act 2009
(posted December 2009)
Charities should embrace the changes introduced by the Companies Act 2006. James Sinclair Taylor & Sukanya Ransford explain why. This article featured in the New Law Journal’s winter supplement (Winter 2009).
Full Article 
Legal Structures
(posted August 2009)
Andrew Studd (Partner), asks what makes a social enterprise in regards to some limited liability options available. This article featured in the Charity Times (August 2009 edition).
Full Article
Mergers of Charities
(posted June 2009)
Mergers are increasingly becoming a feature of the voluntary sector. James Sinclair Taylor (Partner) explores further.
Full Article
Directors’ duties and your reputation
(posted May 2009)
The Companies Act 2006 has introduced some new obligations for company directors and charity trustees using a company by limited guarantee format. Many directors are still not aware of these. This article provides an overview of the changes and some practical advice to help you to manage the risks, including to your personal reputation!
Full Article
A Watershed? : Tax Relief on Charitable Donations
across EU Member Countries
(posted April 2009)
Cautious optimism might best sum up commentators’ reactions to the recent Decision of the
Court of Justice involving charitable giving across national boundaries and the rights for a
donor to benefit from the tax incentives available in his country of residence.
Full Article
Developments in Governance Duties for Directors of Companies and Charity Trustees
(posted March 2009)
There has been a major redefinition of the duties of directors of companies and those of
trustees for the many charities which use a company limited by guarantee format. While
many of the new rules codify old practises, there are new and somewhat convoluted
obligations particularly with the management of conflicts of interest.
Full Article
Duty bound
(posted February 2009)
Trustees who fail to comply with the rules on conflicts of interest in the Companies Act 2006 could find themselves - and their charity - in serious trouble, says David Mears (published in the Solicitors Journal - 17 February 2009).
Full Article
In Both Camps
(posted February 2009)
James Sinclair Taylor and David Mears review
the rules on charitable company directors (published in the Caritas Magazine - January 2009).
Full Article
Shell Companies
(posted February 2009)
The new register of charity mergers enables legacies to be transferred
directly, rendering ‘shell companies’ unnecessary. David Mears, Partner in the Charity team explains (published in the Solicitors Journal - WINTER 2008/09).
Full Article
Charities and the Credit Crunch
(posted October 08)
A special update for Charities
Full Article
First Among Equals: New Equality Legislation
(posted October 08)
Jane Klauber writes for Charity Finance October 2008 edition on the equality bill.
Full Article
Members of your charity - Why have them?
(posted July 08)
Charities vary in many ways and one of the most striking is the vastly different role
that the members play within organisations in the sector. James Sinclair Taylor
takes a look. This article was pubished in the July 2008 Issue of Governance Magazine (Issue 19).
Full Article
Trustee Liabilities - Over exposed?
(posted July 08)
Changes introduced under the new Charities Act have highlighted the
personal risks trustees face in undertaking their duties. James Sinclair Taylor
takes a look.
Full Article
Casual Status - Article from Charity Finance Magazine.
(posted June 08)
Jane Klauber looks at casual status. One of the hallmarks of employment status is mutuality of obligation, ie. whether there is some obligation on an individual to perform work offered and some obligation on the employer to pay for it. Employees are true casuals only if the irreducible minimum of mutuality of obligation is absent.
Full Article
Legal Matters - Members of your charity - Why have them?
(posted May 08)
Charities vary in many ways and one of the most striking is the vastly different role that the members play within organisations in the sector.
Full Article
Corporate Documentation: A Time for Review
(posted December 07)
The Act seeks to simplify company law. Unfortunately it has created a situation
which will require most charities to review their memorandum and articles and
supporting governance policies to:
> Take account of new rules on conflicts
> Reflect provisions that overrule your memorandum and articles
> Take advantage of new deregulations
> Clarify directors’ duties
This article is published in 'Caritas - January 2008'.
Full Article
Possession Claims and Disability – What does the Future Hold?
(posted October 07)
In recent years, the Courts have increasingly had to consider the impact of the Disability Discrimination Act 1995 (‘the 1995 Act’) on landlord and tenant law. That consideration has led to a number of interesting decisions, in particular involving residential possession proceedings.
Full Article
go to the Contentious Property Team pages
Companies Act 2006 -
General Meetings And Resolutions
The next set of changes to company law under the Companies Act 2006 will be coming into force on 1 October 2007 and will affect all charitable companies. This article explains the key changes.
Full Article
Companies Act 2006 -
Directors' Duties
From 1 October 2007 the first raft of statutory duties for company directors will become law under the Companies Act 2006. Read full article for more.
Full Article
The Role of the Company Secretary
Many membership organisations will be reviewing the role of the company secretary in the
light of the Companies Act 2006.
From April 2008, private companies will not be obliged to appoint a company secretary. Read full article for more.
Full Article
Charity Names
The coming year will see changes in the law affecting the three main bodies involved
in protecting charity names.
On 1 October, the UK Intellectual Property Office will change the way it examines
trademark applications.
Full Article (pdf version)
Trade marks
If a charity has a significant public profile, it is prudent for it to register its name as a
trade mark.
Full Article (pdf version)
Judicial reviews
There have recently been a number of high-profile instances of charities using judicial reviews to challenge decisions made by public bodies. A key issue when considering such action is the risk of having to meet the other side's legal costs.
Full Article (pdf version)
Negotiating leases
Most charities will at some point need to occupy offices or other premises owned by
another party..
Full Article (pdf version)
Supporting communities abroad
Faith groups and other charities serving particular communities sometimes wish to support a community or region in another country with which the charity's congregation or members have close links. This can take the form of grants to individuals or the purchase of equipment and can be a powerful force for good. Francois Bourguignon, chief economist at the World Bank, once said: "Migrants' productivity and earnings are a powerful force for poverty reduction. Remittances are an important way out of extreme poverty."
Full Article (pdf version)
Section 36 of the Charities Act 1993 - an outline for surveyors
Valuers advising charity clients should be aware of the specific rules on dispositions contained in section 36 of the Charities Act 1993. We have prepared a flow chart to assist valuers and charities in ensuring that the correct procedure is followed.
Flow Chart
Taking the Flexible Approach
April 2007 saw the extension of the right to flexible working, alongside important changes to maternity and
adoption leave legislation. In an article for Arts Professional, the changes are highlighted, and some possible implications are considered.
Full Article
Collaborating in Harmony
Partnerships between arts organisations can entail legal risks. The article explains how to avoid the pothole
Full Article
Charities as Tenants
James McCallum provides notes from the recent 'Charities as Tenants' seminar. The seminar discussed issues such as matters to be considered before entering into a lease; negotiating the lease terms; understanding the lease document and getting out of the lease when necessary.
Full Notes
Courting Trouble
Paul Greatholder outlines how charities can protect themselves from lawsuites in an increasingly litigious environment for the Oct-Nov 06 issue of Charity Times.
Full Article
Age Discrimination
Jane Klauber look at the Employment Equality (Age) Regulations 2006 came into force on 1st October 2006.
Full Article
Faith Groups
The Charity Commission inquiry into the alleged abuse by terrorists of funds held by
Crescent Relief highlights the level of scrutiny to which charities serving faith
organisations and BME communities are currently exposed - Part 1.
The way in which faith groups operate can often differ quite substantially from other
registered charities - Part 2.
Part 1 - October Edition
Part 2 - November Edition
A New Common Purpose
An alternative approach to the management of intellectual property.
Full article
Charity Mergers
Legal issues surrounding charity mergers.
Full article
Transfer Requests
Jane Klauber reviews the new TUPE 2006 regulations for Charity Finance magazine.
Full article
Payments to trustees; what you can or cannot do
Problems arising from trustee benefits are perhaps the most common, the most serious and the most embarrassing cause of difficulty that it is likely to befall most trustees.
This is the first in a series of two articles on trustee payments and benefits that James Sinclair Taylor has written for Governance Magazine. The second will be published in September 2006.
Full article
Reaching for a Compromise
Jane Klauber reviews recent developments in Compromise agreements.
Full article
Managing the Employment Law Implications of Organisational Change
James Sinclair Taylor looks at the implications of organisational change, be it expansion or contraction and particularly looks at redundancies, mergers, the creation of a group structure and TUPE.
Full article
Governance and Faith Organisations?
Issues for the NACVS circulation are examined.
Full article
Duties of Charity Trustees
James Sinclair Taylor looks at the issues.
Full article
Reaching for a Compromise
Jane Klauber reviews recent developments in Compromise Agreements for the February 2006 edition of Charity Finance.
Full article
What are Community Interest Companies good for?
James Sinclair Taylor looks at the issues.
Full article
Choosing a Legal Structure
David Mears looks at the most appropriate legal structures for charities and organisations.
This article was first published in 'NACVS Circulation October/November 2005'.
Full article
The Right Side of the Law
David Mears looks at some of the common legal pitfalls faced by charities.
This article was first published in 'Charity Finance May 2004'.
Full article
Taking on TUPE
'Legal changes affect pensions rights in cases where the Transfer of Undertakings (Protection of Employment) Regulations or "TUPE" apply' David Mears looks at the consequences for charities.
This article was first published in 'The Charity Times April 2005'.
Full article
Freedom of Information Act 2000
David Mears introduces the Act.
This article was first published in 'NACVS Circulation February/March 2005'.
Full article
Information Gathering
Charities should start considering new consultation regulations, warns Jane Klauber.
This article was first published in 'Charity Finance October 2004'.
Full article
A Hardy Constitution
Compliance with the Governing Document is a key area for charities, writes David Mears.
This article was first published in 'Charity Finance February 2005'.
Full article
'Click with Charities'
An article reviewing a selection of useful sites for charity lawyers.
Full guide
Common Legal Pitfalls for Charities
Charities increasingly need to show how they are assessing and responding to risk. Rather than having to react to scrutiny and possible criticism, charities should address legal and other issues by internal review or with the help of outside advisers.
David Mears looks at some of the basic points which charities need to keep on top of.
Full article
Taking on the Enemy Within
Fraud in voluntary organisations: how to prevent it, spot and stop it, and how to get your money back, by Charles Robinson.
Full article
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