For Business

Charity law

Charities and not for profit

Unincorporated associations and trusts together make up two thirds of all charities registered in Scotland. Those types of charities are described as unincorporated because they do not have capacity to enter into contracts or hold assets. It falls to individual members and trustees to do those things on behalf of the charity, at the risk of personal liability.

Charitable companies and SCIOs are examples of incorporated charities and they are proving popular in new charity applications, largely because they afford trustees better protection. For older charities considering incorporation, the key issues are:

  • What to do if your constitution doesn’t give you the power to change

  • Whether to choose a SCIO or a company as the successor body

  • Applying to the Scottish Charity Regulator for approval

  • Documenting the transfer

  • Practical considerations

Charity law updates

We run a series of breakfast seminars and training sessions in Edinburgh as well as sending out regular newsletters to our Charity clients.

If you are interested in attending a seminar or signing up to our newsletter please contact marketing@balfour-manson.co.uk 

To view the video from our 5th Charity Law Conference click here.

Role of a charity trustee

Do you know what is required of you as a charity trustee?

There has been much more regulation of charity trustees to date but there are often myths of what is often required.....

Do you know?

  • If a charity must disclose the full names and addresses of its Trustees to anyone on request?

  • If Charity Trustees must ensure that small charitable donation claims are all under £20?

  • If Charity Trustees must attend at least 75% of charity meetings?

Let us help you

Contact us to find out what we can do to help.