Charity Lawyers & Charity Registration Service
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A charity is an entity that exists primarily for charitable purposes, which is legally defined under the Charities Act 2011. To gain benefits associated with being a charity, most organisations must register with the Charity Commission. Our charity solicitors offer a comprehensive Charity Registration service designed to be a cost-effective method for establishing a new charity.
At Mounteney Solicitors, we understand that establishing a charity can be complex. We provide a streamlined and supportive service to guide you through each step of the formation process. Our responsive and approachable service enables us to ensure each client receives personal attention.
To make it possible for organisations of all sizes to benefit from our expertise, we personalise our services to suit various budgets. Whether you’re forming a new charity or converting an existing entity, we offer economic and traditional channels to meet your unique requirements.
In some cases, you may wish to consider an alternative to Charity Registration, such as forming a Community Interest Company (CIC). CICs are limited companies with a focus on benefiting the community rather than private shareholders. While they do not have the same tax benefits as charities, CICs offer greater flexibility in terms of business activities and less regulatory oversight. If this option interests you, we can provide additional information and guidance.
Benefits of registering as a charity
Becoming a registered charity offers numerous advantages that can significantly benefit your organisation:
- Enhanced credibility: Being a registered charity lends your organisation a well-recognised brand, which is more likely to attract goodwill, credibility, and confidence from the public; this, in turn, increases your chances of securing donations, voluntary support, and collaboration opportunities.
- Tax benefits: Registered charities enjoy significant tax exemptions and reliefs. For example, charities can claim an extra 25% Gift Aid on donations from UK taxpayers. Additionally, charities may qualify for exemptions from business rates and other tax benefits.
- Access to funding: Many grant-making bodies and governmental funding opportunities are only available to registered charities, providing you with greater financial support options.
Our Charity Formation Schemes are especially well-suited for ministries, community groups, and organisations looking to establish new charities on a limited budget. Given our firm’s Christian ethos, we frequently resonate with religious and community-based groups, making us a preferred choice for those in similar sectors.
Considerations when forming a charity
Before deciding to proceed with Charity Registration, it is important to consider several key factors:
- Financial Sustainability: Your charity must have a viable and sustainable financial model to continue its operations long-term. Financial instability could jeopardise your charity’s future and its ability to meet its objectives.
- Exclusively Charitable Purposes: Your organisation must be exclusively charitable in nature, which restricts commercial trading and certain activities, such as campaigning. Additionally, trustees of the charity cannot be paid for their role, and they must volunteer their time. This rule prevents trustees from also being employees of the charity, except under specific exemptions.
- Administrative Requirements: Running a charity involves a range of administrative responsibilities, including accounting requirements, filing of documents, and sometimes seeking approval from the Charity Commission for certain activities. These obligations come with their own costs and potential legal liabilities for trustees in cases of serious breaches.
- Public Disclosure: A charity’s operations are not entirely private. Many documents filed with the Charity Commission are made public, and the Charity Commission holds regulatory authority over the charity, with powers to scrutinise and investigate.
One of the most common points of confusion when establishing a charity is the need to create a legal structure before applying for Charity Registration. To register with the Charity Commission, your entity must first have an appropriate legal structure. At Mounteney Legal Services, we guide you through the entire process, ensuring that your charity is legally sound and ready for registration.
The charity formation process
The most common structure for new charities today is the Charitable Incorporated Organisation (CIO). A CIO is a type of legal entity that offers limited liability protection to its trustees and members. Unlike other corporate structures, a CIO is registered directly with the Charity Commission and not with Companies House.
When you engage in us for charity formation, we provide a step-by-step service that covers all aspects of establishing and registering your charity:
- Consultation and instructions: We begin by taking detailed instructions from you to understand your charitable objects and organisational needs.
- Establishing your legal structure: We will help you establish the appropriate legal structure for your charity, ensuring it meets all regulatory requirements.
- Charity Registration application: Once the legal structure is in place, we will submit the application for registration to the Charity Commission on your behalf.
While we work diligently to ensure your charity meets all necessary criteria, the final decision to approve the registration rests with the Charity Commission. Although our applications are typically successful, we cannot guarantee the outcome, as it ultimately depends on the information provided.
How long does it take to register a charity?
The Charity Registration process typically takes between two to three months from the time we commence our work. In rare cases of exceptional urgency, where the Charity Commission agrees to expedite the process, it can take as little as six weeks.
How much does it cost?
We offer a transparent pricing structure for our Charity Registration service.
The total cost for our service is £1,000.
We pride ourselves on providing a cost-effective solution, especially suited for those with budget constraints.
We are an unregulated provider, our service does not attract VAT, offering further savings.
For more detailed information about our fees, please visit our fees page.
Contact Mounteney Solicitors today
If you have any questions, require further information, or would like to engage our Charity Registration service, we are here to help. At Mounteney Legal Services, we are committed to providing a responsive, professional, cost-effective service tailored to meet your needs. With over 18 years of experience and a deep understanding of charity law, you can trust us to guide you through the complex process of establishing your charity.
Our team is committed to helping you achieve your social enterprise goals, and we are here to support you every step of the way. Whether you are establishing a new charity or converting an existing entity, we have the skills and experience to ensure a successful outcome.
Contact us today to learn more about how we can assist you, or visit our offices in Heald Green, Bramhall or Cheadle for a personal consultation. Let us help you make a positive impact on your community.