Charities & Philanthropy Legal Services

As the number of those serving in the armed forces continues to significantly decrease, mergers, consolidations and other forms of working together are enabling armed forces charities to achieve more effective fundraising and use of resources.

We have over a century of experience of advising military charities. We currently work with many of the major charities representing each of the armed services, undertaking work across fundraising and commercial contracts, governance, mergers and legal compliance. Many of our military clients defy classification or work across the services and we make a special effort to get to know the unique spirit of each of charity that we act for.

It is challenging time for many of our educational clients and our multi-disciplinary team of experts have a strong track record of acting for:

• many well-known and successful schools within the independent sector,
• further and higher education institutions; and
• a number of professional bodies within the education sector engaged in the production of specialist publications and the training and assessment of candidates for different levels of academic and professional competence.

Our school clients are requesting our assistance on a diverse range of innovative strategies, such as the ability to pursue international aims, the development of lucrative alternative income streams, and mergers and collaborations with others in order to achieve efficiencies and economies of scale without compromising the delivery of a first class education to their pupils. We provide support on a wide variety of issues including charity law and governance, employment law, property and construction matters, dispute resolution and data protection. We are also well placed to provide broader strategic advice and advise on commercial arrangements with third parties

The trustees of faith charities, like those of most charities, face many challenges and many of these challenges have a legal dimension.

• Their charity may have a constitution which is cumbersome and out of date, perhaps acting more as a hindrance than a help to the efficient deployment of the charity’s resources
• The charity may have buildings which are out of date and too large (or too small) and which the charity could use more effectively if they were modified; these buildings may be of heritage quality; the charity may be responsible for consecrated ground; it may have investment properties to manage
• The charity may have issues in managing its reputation – something vital to any charity
  The charity may wish to use and protect its intellectual property more efficiently
• If the charity provides services to young people or to other vulnerable people its trustees will wish to ensure that they comply with both the law and good practice in providing these services
• The trustees may wish to expand their fundraising activities, perhaps embarking upon commercial fund raising activities
• A legacy to the charity may be disputed
• If the charity employs staff its trustees will need advice on employment and pension law issues
• The trustees may be thinking of a merger or winding up of their charity

All these issues may raise sensitivities not present in quite the same way with a non-faith based charity. There may be clashes between the religious aims of the charity and the secular law. The charity may have to comply with old and obscure legislation. It may be answerable to different regulators.

At Charles Russell Speechlys, we can advise on all these issues. We bring together a wide range of expertise within the firm to provide a joined up service.

We have acted for three leading chartered bodies for almost a century, evidence of our long-standing client relationships.

We understand the complexity and nuances involved in these particular organisations, and our extensive experience positions us well to provide timely and relevant advice.

We represent a variety of clients, ranging from livery companies, sport and professional bodies to defence, education and medical charities. Many of these organisations are very old and well known, but all are keen to ensure that they have a modern and appropriate governance and structure, while continuing to retain their historical character and identity.

Our expertise extends to petitioning for new or supplemental charters, advising on process and documentation, assisting with the obtaining of regulatory and other consents as well as advising on and drafting amendments to charters, byelaws, statutes, rules, regulations and ordinances, and the accompanying resolutions which need to be passed by the relevant trustees and members.

The COVID-19 pandemic has raised the profile of NHS charities and many have seen an unprecedented stream of donations which need to be prudently managed and spent in the best interests of the charity. We can help NHS charities to gear up to respond to increased interest from corporates and others and to demonstrate necessary organisational independence from the relevant NHS trust whilst simultaneously negotiating recognition as a strategic partner to provide funding and services to benefit patients and wider communities. In providing vital funds and services to support the NHS, NHS charities must take care to ensure that such provision and services are above and beyond what the NHS can provide.