Pothecary Witham Weld Solicitors

Saturday 31st July 2010
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Charities Update Questions and Answers


How can we prove Public Benefit? Print
We are a religious charity with substantial assets but our membership is gradually dwindling in numbers. We are currently in a position which allows us to make our presence known in the community and are concerned that in future we will have to demonstrate a public benefit. Is it likely that we will have to do this and what can a charity in our position do?
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How should we set out our trustees report? Print
We are a service providing charity – we run a school - and gather that the rules under new SORP require us to set out our trustees report in a new way. How should we do this and will it help us to explain the real public benefit we provide in the course of our work?
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Can we merge with another Charity? Print
We are a charity which manages and has close links with another charity. In order to ease the administrative burden we would like to merge the two charities.  In the past this has not been possible due to legal complexities; are there any provisions in the new Act that will allow us to do this?
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Should we be concerned about changes to company law? Print
As a charity, do we have to be concerned with the recent changes in company law?
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What about trustees duties and liability? Print
Has the new charities legislation introduced any new measures in regard to trustees’ duties and in particular has it provided greater protection against trustee liability?
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What are Heritage Assets? Print
Our convent has a valuable collection of art which we have only valued in the accounts at an estimated original cost value, depreciated now to a nominal £1. Under the new SORP, it is understood that Heritage Assets have to be valued on a collection basis and that this can be avoided completely if a valuation is ‘impracticable’. What should we do?
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What is the CIO? Print
CIOs have been heard about - what are they and what benefits do they offer?
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Sexual Orientation Regulations and Anti Discrimination Print
We allow married couples to hold wedding receptions and anniversary parties in our church hall. We have been asked if the premises can be used by a couple for a reception after their civil partnership ceremony. Our religious ethos does not accept homosexual relationships. Can we refuse the booking? Do you have views on how to deal with the possible exclusion of some religious charities from local authority contracts, where their ethos on civil partnerships is inconsistent with anti discrimination laws?”
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Can a UK charity have its HQ abroad? Print
Is a UK registered charity permitted (legally) to have its HQ (if not its registered office) outside the UK, in another EU country, or even Switzerland? If so what are the implications (legal and financial)?
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What is Non-Charitable Expenditure? Print
We are worried about some changes in the tax rules for charities which could result in a tax liability if we incur non-charitable expenditure. How can this be as I though charities were exempt from tax and what is non-charitable expenditure?
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What should we consider when using a professional fundraiser? Print

We are arranging a fundraising event over the Christmas period using a professional fundraiser. Are there any issues we need to worry about when using professional fundraisers?

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