5th Aug 2019
In the current economic climate, with reduced public sector funding for many initiatives, the importance of charities and social enterprises is increasing, both to deliver services previously provided by the public sector, and to take the lead in finding new solutions to problems for the benefit of society.
At Square One Law our team of lawyers is very experienced in working with not-for-profit organisations and works with clients to achieve their charitable or social aims on the best commercial terms.
We work with clients to ensure they remain tax efficient whilst ensuring continued compliance with all applicable legislation.
We regularly work with local sports clubs to assist them with commercial matters, grant funding issues, property disposals and their ongoing compliance with the updated CASC rules.
Our experienced team advise on legal and other issues relating to the not-for-profit sector, examples include:
- advising clients on the most appropriate corporate structure for them to achieve their goals. Structures that will be considered, depending on your instructions, will range from the newly implemented Charitable Incorporated Association, through companies limited by guarantee to Community Interest Companies; the use of trading subsidiaries will also be considered
- drafting the articles of association of the agreed corporate vehicle and any members’ agreement that needs to be put in place for the vehicle
- liaising with The Charity Commission to register the business as a charity
- advising directors of charities on their duties as charitable trustees in relation to proposed activities of the charities
- advising the boards of social enterprises in relation to the activities of the social enterprises
- negotiating public funding for social enterprises and advising them on their obligations under their funding agreements
- advising social enterprises which work in similar fields on the benefits or otherwise of merging
- drafting commercial contracts for the purchase or sale of goods and services in a charitable social enterprise context, including ‘plain English’ contracts and terms and conditions
- advising charities and social enterprises on the public procurement rules
- advising a wide variety of community amateur sports clubs (including cricket, golf and rugby clubs) on their compliance with the CASC rules.