Governance & Constitutional Reviews.
Our specialist Charities and Not-for-Profit team have experience in charity governance issues and governing documents.
Different types of charities require different support.
You can rely on us to check everything's in order.
Our specialist corporate and trust lawyers have experience advising charities about trustees’ duties and responsibilities, updating a charity’s governing document and changes to the charity’s objects where those objects no longer meet their needs.
Depending on the type of charity, different forms of governing document will be used.
In the case of a trust there will be a trust deed, which will often be contained in a historical conveyance of property to charitable trustees. Unincorporated organisations will have rules which may be referred to as its constitution, limited companies will have a memorandum and articles of association, and charitable incorporated organisations will have a constitution which is fairly similar to that of a limited company.
The FBC Manby Bowdler Charities and not-for-profit team include both specialist corporate lawyers and trust lawyers who have experience in advising charities about governance issues and their governing documents. This may include advice about trustees’ duties and responsibilities but may involve updating a charity’s governing document. Those changes may include changes to the charity’s objects where those objects no longer meet the need the for which charity was set up.
Changes may be required:
Changes may be required if, for example, the governing document doesn’t specify how new charity trustees are to be appointed or if provision specifying how decisions are made have become outdated. The changes that a charity may make to its governing document will depend on whether the charity has a power of amendment. It may also depend on the type of charity and it may depend upon the charity’s income. If necessary, FBC Manby Bowdler can assist with applications to the Charity Commission for consent to make those changes.
Working With Our Sector Team
Our team of specialist charity lawyers have extensive experience of delivering practical, commercial advice and legal solutions to charities and not for profit organisations to enable them to operate successfully, and effectively meet their beneficiaries’ needs.
- Stuart Rea
If you operate in the Charities and Not-For-Profit sector and need legal advice or would simply like to find out more about how we can help you, please get in touch.
