Charity Commission Definition

GLOSSARY

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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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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Will—individual, unmarried, no children

Will—individual, unmarried, no children FORTHCOMING CHANGE: Abolition of non-dom regime and introduction of residence-based IHT regime. At Autumn Budget 2024 on 30 October 2024, the Labour government confirmed that it will proceed with plans of the former Conservative administration to abolish the remittance basis of taxation and replace it with a residence-based regime, to commence on 6 April 2025. The government also confirmed its intention to move to a residence-based regime for inheritance tax. The changes will also affect the rules determining excluded property status, the Abolition of protected settlements status of offshore trusts, and changes to overseas workday relief. For information on these changes, including draft legislation published with Autumn Budget 2024, see: Autumn Budget 2024—Private Client analysis — International , Autumn Budget 2024 (paras 2.56 and 5.51), OOTLAR (para 1.3) and TIIN: Reforming the taxation of non-UK domiciled individuals. 1 Revocation I [full name of testator] of [address of testator] revoke all former testamentary dispositions made by me[ to the extent that and so far only...

Charity clauses—disposition and execution

Description of parties Unincorporated charity (trust) [Trustee 1], [Trustee 2], [Trustee 3], [etc] all care of [insert charity's address] (in their capacity as trustees of the [insert name of charity]) (a charity registered in England under registered charity no. [insert number]). Unincorporated charity (unincorporated association) [insert name] [of [insert personal address]], [insert name][ of [insert personal address]], [insert name][ of [insert personal address]], [etc][ all care of [charity’s address]] (in their capacity as trustees of the [insert name of charity]) (a charity registered in England under registered charity no. [insert number]). Charitable company [insert company name] (a charitable company registered in England and Wales (Company No. [insert number] and registered charity no. [insert number])) whose registered office is at [insert address]. Official Custodian for Charities The Official Custodian for Charities of the Charity Commission...

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A charitable trust is looking to dissolve. The trust will spend all of its funds accordingly. What is the practical process for winding up a trust and, more specifically, what resolutions must be passed at the final meeting(s) of the board of trustees?

A charitable trust is looking to dissolve. The trust will spend all of its funds accordingly. What is the practical process for winding up a trust and, more specifically, what resolutions must be passed at the final meeting(s) of the board of trustees? There are a number of reasons why a charity or charitable trust may need to be closed. These may include the original purpose ceasing to exist; the loss of funding; the merger with another charitable institution, or other reasons. However, trustees of a charitable trust do not have automatic powers to wind up the trust, unlike, for example, directors of a company. It is necessary firstly to consider the governing document—the underlying trust deed. This may contain provisions relating to the powers of trustees to dissolve the trust as well as in respect of the application of any surplus funds. The trust deed may set out the obligation of the trustees to call a meeting of members and obtain authorisation, or it may...

How will charities ensure that they are properly governed if trustees and staff are not able to work or meet in light of coronavirus (COVID-19)?

How will charities ensure that they are properly governed if trustees and staff are not able to work or meet in light of coronavirus (COVID-19)? Many charities will have board or general meetings scheduled over the coming months and be wondering what steps should be taken to observe social distancing measures and protect attendees, particularly those more at risk from coronavirus (COVID-19). Special rules apply to these meetings and will need to be taken into account. Formal meetings are, of course, only one (albeit an important) aspect of a charity’s operations. Outside formal meetings, staff may be able to work and meet remotely in order to keep services going. Where this is not possible, difficult decisions may have to be made about how best to protect a charity’s beneficiaries and reputation until restrictions around movement are eased. This Q&A is principally directed to charities which are structured as companies. Board decisions: one-off decisions where a meeting cannot be held If a decision is needed at short notice on...

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Private Client weekly highlights—28 November 2024

This week’s edition of Private Client highlights includes: (1) PMC (a child by his mother and litigation friend FLR) v Local Health Board, in which the court ruled that a claim on anonymity under CPR 39.2(4) and section 6 of the Human Rights Act 1998 must be made on a statutory basis; (2) online property and affairs deputyship applications by professional court users will be mandatory from 4 December 2024; (3) the second reading of Finance Bill 2025; (4) Charity Commission issues updated guidance on protecting charities from fraud and cyber crime; (4) Analysis of the Privy Council decision in Al Thani which held that BVI company shares are not immovable property; (5) DDR v BDR, on the interface between property law and financial remedies in the context of bankruptcy, and (6) Glaser KC and Miller v Atay, a salutary warning to legal professionals to ensure that their contract terms are fair

Charity Commission revamps guidance on fraud and cyber crime prevention for trustees

The Charity Commission for England and Wales has released updated guidance, supported by the National Cyber Security Centre, to assist trustees in safeguarding their charities against cyber fraud and cyber crime following the 603 fraud-related cases and 99 cyber crime-related cases that were initiated in the past year. The refreshed guidance has replaced previous versions and provides key recommendations towards fraud prevention and cyber security safety measures which include: developing durable internal financial controls; raising awareness around cyber fraud and crime; and enabling dual authorisation for financial transactions.

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