Charities and Not For Profit Organisations Solicitors for clients in Sussex including Brighton, Uckfield and Seaford
Rix & Kay has a long-established reputation within the voluntary and not for profit sector and is actively involved with charities in a range of capacities from legal adviser to professional trustee.
Our Charities Group combines all relevant legal disciplines and, in addition, through professional associations and networks with UK and overseas law firms, we are able to draw upon a vast range of UK and international experience.
Our work touches on most aspects of life in the voluntary sector, from day-to-day problems to strategic and constitutional issues, including:
- registration, constitutions and governance
- property acquisition, sale and management issues
- employment, including Volunteer issues
- fundraising and trading
- commercial and contract negotiation
- dispute resolution
- copyright
- trademark registration and the use of the Internet
- tax including VAT
Although we act for a number of larger national organisations – we also assist many small and newly formed charities, offering practical and cost-effective solutions to everyday problems.
We understand the need to balance the interests of beneficiaries, donors and funders, employees, trustees, volunteers and other stakeholders with efficient use of resources and the ethos of an organisation.
Registration, Constitution And Governance
In today’s environment, attention is increasingly focused on good governance and as a result of their special status, organisations in the not for profit sector are under particular pressure to demonstrate that their structures are strong and effective
Our expertise includes:
- Charity registration
- Internal governance and risk management structures
- Trustees’ duties and powers and responsibilities
- Remuneration of trustees
- Structural issues including establishing and reorganising structures
- Constitutional issues, including trusts, companies and unincorporated association
Property And Employment
Property Acquisition, Sale And Management
Property, including land and buildings, will often represent a significant proportion of a charity’s investment assets. We have advised charities on a vast range of property-related matters, combining our significant experience in commercial property matters with our specialist charities expertise in relation to property matters.
Our expertise includes:
- The responsibilities and obligations of charities and trustees in relation to property transactions and charity land – including sections 36 and 38 Charities Act 1993
- Taxation issues arising in relation to property transactions
- Structuring property transactions to comply with charity law
- Tax efficient structures for property transactions
- Leasing issues including in relation to charity shops and offices
- Commercial, residential and rural property matters
- Planning Law
- Limiting the liabilities of trustees in relation to property and land transactions
- Funding projects
Employment And Volunteers
Due to the sensitive nature of charities and not for profit organisations, employment issues need to be handled very sympathetically, but in a professional and straightforward manner.
Our expertise includes:
- All employment law issues in relation to the role and responsibilities of charities and not for profit organisations,
- Issues which arise specifically in relation to charities and not for profit organisations, ie. the position of volunteers and trustees
- TUPE legislation issues in relation to merged charities, Employee disputes, Trade Union recognition compliance, Volunteer’s rights and obligations
Negotiations
Commercial and contract negotiation
Charities are subject to the same scrutiny and pressures as commercial organisations and can become involved in complex negotiations with third parties.
Our expertise includes:
- Mergers and disposals and acquisitions of assets and businesses–including the drafting and negotiation of sale and purchase documents
- Joint ventures and collaboration agreements,
- Commercial law and contracts, including agreements with funders, central and local government and service delivery contracts
- Outsourcing
- Trading activities
- Financing arrangements including negotiations of loan terms with banks and giving security of charity land
Intellectual Property and Information Technology
Increasingly charities and not for profit organisations are using information technology as a business tool and often own a considerable amount of intellectual property. As a consequence they need to be aware of the keys issues and regulations that surround these topics and of the ways in which they should comply with such regulations.
Our expertise includes:
- Data protection issues – compliance with the Data Protection Act 1988
- Copyright trademark and design issues
- IP issues in contracts
- Website compliance
- Protection of IP rights
- Licence Agreements
Rix & Kay has given presentations to local businesses and clients on:
- Data Protection
- Freedom of Information
- Trading On-Line
All of which have a potential impact on Charities and Not for Profit organisations as well as other mainstream businesses.
Disputes
It is a sad fact of life that disputes arise that will only be resolved with the help of lawyers. Charity Law work is mainly advisory. If and when contentious issues arise, Rix & Kay will work quietly, efficiently and cost-effectively to resolve such disputes with the minimum of adverse publicity.
Our expertise involves:
- Resolution of issues with disappointed relatives where charities have benefited under the terms of a will
- Resolution of disputes arising from fraudulent actions of employees or residuary beneficiaries
- Property disputes.
Recent experience has included:
- Advising an Executor in connection with a claim on ‘the Estate’ by a third party. The third party’s claim was eventually withdrawn, resulting in the Charity’s legacy remaining intact.
- Assisting a Trust in connection with a dispute brought about by the owner of a neighbouring property. Through negotiations the neighbour has not pursued matters.
- Winding up an animal charity by transfer of it as a ‘going concern’ to another international charity.
Tax including VAT
We have expertise in:
- Income tax, stamp duty, land tax, capital gains tax and VAT
- Registration requirements
- Gift aid advice
- Schemes for tax efficient share and land donation schemes
