Charities & Social Enterprises

• Advising charities and social enterprises operating across various sectors which, amongst others, include education, religious, housing, medical, health etc.
• The creation of charities, e.g. Charitable Trusts, Charitable Companies ltd by Guarantee and Charitable Incorporated Organisations (CIO) & social enterprises such as Community interest Companies (CIC).
• The incorporation of charities, including advising on the most appropriate legal structure, assisting with registering with the Charity Commission, HMRC and other regulatory bodies.
• Advising not for profits on governance and constitutional matters and carrying out governance reviews.
• Advising Trustees and Senior Managers of not for profits on their responsibilities, duties and legal obligations. In addition, the provision of training to leaders of not for profits on the same matters.
• The creation of policies such as those relating to safeguarding, conflicts of interest, fundraising, risk management, data protection, equality, diversity and inclusion etc.
• The amendment of the constitutions of charities and social enterprises
• Advising charities on the restrictions of permanent endowments and associated legal considerations.
• Resolving conflicts between Trustees and conflicts of interest matters.
• Advising clients on charitable giving, philantrophy and effective Inheritance Tax planning.
• Advising Trustees and Senior Managers of not for profits on compliance and regulatory matters, as well as reporting obligations to their regulators.
• Assisting charities with reporting obligations to the Charity Commission, including audits, compliance, investigations and serious incident reporting matters.

Leathes Prior is able to assist charities, trustees, members and other not-for-profit organisations facing a dispute. Our team understands that disputes within the charity sector often involve reputational concerns and regulatory issues. Matters our team is able to assist with include: 

• Commercial contract disputes 
• Disagreements between trustees or board members 
• Alleged breaches of duties 
• Defamation
• Data protection and GDPR disputes  
• Probate disputes where charities are beneficiaries of an estate

Our Corporate Team advises charities, social enterprises and not-for-profit organisations on a wide range of client matters, including assisting with governing documentation, filings with the Charities Commission, commercial contracts, collaboration agreements, and regulatory compliance. We also advise on mergers and restructures and dealing with all matters concerning this, including the preparation of resolutions, dealing with governance requirements, seeking the consent of regulators and the transfer of assets between charities as part of the merger process.

We understand the unique challenges faced by the charitable sector, and look to bring our practical insight and prior experiences into every matter. We have acted for charitable organisations of various sizes, both within Norfolk and beyond, supporting a wide array of charitable causes. We combine our corporate expertise with the philanthropic aims of the charitable sector to best support your charitable organisation and those it seeks to benefit.

We act for clients in this sector in all areas of employment law, including preparing bespoke employment contracts and policies tailored to the unique needs in this arena; managing staff; advising on employment disputes, termination and recruitment; acting in employment tribunal litigation and immigration assistance.

With our comprehensive understanding of the charity & social enterprise sector, we swiftly navigate complex workplace matters to ensure, where possible, a swift, practical resolution is reached. Our experience in the sector means our solicitors give relevant, specialist, practical and up to the minute advice on situations in your business as they develop.

We regularly work with charity clients on all of their commercial property requirements, including strategy, leasehold and freehold disposals and acquisitions, options, s106 obligations, and financing.

Our Regulatory and Criminal Defence Team provides advice and representation to businesses and individuals operating in the charity sector, for example those facing HSE, Trading Standards, DVSA, Police, HMRC, GLAA and Environment Agency investigations and prosecutions, or Coroner’s Investigations and Inquests in the event of fatalities.