Charities and social enterprise

To register a charity in England or Wales, you must:

1. Choose a legal structure (e.g., CIO, charitable company).
2. Draft a governing document outlining your charity’s purposes and how it will operate.
3. Ensure your charity’s annual income is at least £5,000 (unless you’re a CIO).
4. Prepare trustee details and supporting documents (eg, proof of income, bank statements).
5. Complete and submit the online application to the Charity Commission, including all required information. 

Our charity solicitors can guide you through the registration process, helping you meet all charity law requirements and avoid common pitfalls.

The best legal structure for your charity depends on its size, activities, and risk profile. Common options include:

• Charitable Incorporated Organisation (CIO): Offers limited liability and a separate legal identity, regulated solely by the Charity Commission.
• Charitable Company (Limited by Guarantee): Provides limited liability, but requires dual registration with Companies House and the Charity Commission.
• Charitable Trust: Suitable for managing assets, but trustees may be personally liable.
• Unincorporated Association: Ideal for small, volunteer-run charities, but offers no separate legal identity. 

Our charity lawyers and solicitors can advise on the most suitable structure for your needs, ensuring compliance with charity law and protecting trustees from unnecessary risk.

Charities must comply with several legal and regulatory obligations, including:

• Acting for public benefit and in line with their charitable purposes.
• Maintaining proper governance and avoiding conflicts of interest.
• Submitting annual accounts and reports to the Charity Commission.
• Adhering to fundraising, employment, and data protection laws.
• Following their governing document and the Charity Commission’s guidance. Trustees are responsible for ensuring compliance with charity law, and our charity lawyers can help you stay up to date with the latest regulations.

Charity law provides a framework for compliant fundraising and successful mergers. Our charity lawyers advise on:

• Meeting fundraising regulations and the Code of Fundraising Practice.
• Structuring mergers to protect assets, legacy income, and beneficiaries.
• Conducting due diligence, managing risks, and ensuring compatibility of charitable purposes.
• Navigating Charity Commission requirements for mergers and collaborative working.

Expert legal advice ensures your fundraising and merger activities are legally sound and aligned with your charity’s mission.

Charities must comply with employment law, including:

• Fair recruitment, contracts, and HR policies.
• Managing redundancies, restructures, and safeguarding.
• Addressing grievances, whistleblowing, and discrimination.
• Adapting to changes in employment law, such as new rights for workers and flexible working arrangements. 

Our charity solicitors provide practical advice on employment law issues, helping you protect your staff and maintain a compliant, supportive workplace.

Intellectual property (IP) is a valuable asset for charities. To protect your charity’s IP:

• Register trade marks for your charity’s name, logo, and branding.
• Ensure copyright ownership of creative works (eg, publications, videos).
• Secure design rights and patents for unique products or inventions.
• Use clear contracts with staff, volunteers, and third parties to establish IP ownership. 

Our charity lawyers can help you develop an IP strategy, register rights, and manage risks, safeguarding your charity’s reputation and resources.