Charity and Social Enterprise Services
Many organisations operating in the charity and social enterprise sector are substantial businesses making a significant contribution to the quality of life. They have special requirements relating to their public purposes, their constitutions and their governance, but as large businesses they also have significant needs for commercial advice in specialist fields, notably employment law, real and intellectual property law and commercial contracts.Our Charities and Social Enterprise team has a long history of acting for charities and other social enterprises both locally and nationally. We understand the need of such organisations for sound commercial advice. Our team comprises specialist solicitors drawn from all our core departments, who together provide significant experience and expertise that enable us to provide a quality service to our clients operating in this sector. We would be delighted to help you.
Please contact Stephen Claus (0151 600 3341) and David Maples (0151 600 3108)
Formation/Constitution
Getting the right initial structure and the key relationships clear is central to the success of any organisation. New charities and social enterprises face a choice of an array of possible legal structures, including trusts, companies limited by guarantee, community interest companies and the new charitable incorporated organisation.
We can guide prospective charity trustees and directors of public purpose organisations through the process of establishing their organisation to enable them to get on with pursuing the main purpose of the organisation as quickly and efficiently as possible.
For established organisations, we can assist in the process of renewing and updating your organisation's constitution.
Regulation
We are familiar with all aspects of charity regulation and have a great deal of experience in dealing with the Charity Commission.
Charity Trading
The rules on trading by charities are complex but every charity needs to be aware of them in order to avoid falling foul of the rules or incurring an unnecessary tax charge.
We can advise on the setting up and use of trading subsidiaries.
Trustee/Director Training
We provide tailor-made seminars and workshops for Charity staff and Board members. If you are interested in this service please contact us to discuss your specific needs.
Governance and Constitution
Good governance is paramount in any commercial organisation. In the last few years the spotlight has turned to the governance of charities and social enterprises, culminating in the publication of various guides, notably "Good Governance: A Code for the Voluntary and Community Sector" promoted by the Governance Hub.
Members of our team regularly speak on governance and related topics, and these issues can be addressed as part of a bespoke trustee training session. In addition, we can carry out a review of your organisation's governance structure, culminating in a full written report.
Other Commercial Services
In addition to specialist charity services we can draw on the expertise of other departments in the firm to meet the needs of your organisation. In particular we regularly advise charities and social enterprises on matters relating to employment law, land and premises and intellectual property, as well as commercial contracts and general business affairs.
Meet the Charities and Social Enterprise Team
Stephen Claus
Stephen leads the charities and social enterprise team acting for a wide range of charities and not for profit organisations across the North West. Stephen is experienced in all aspects of Charity Law. During his time at the Charity Commission he was the lead lawyer in Scargill and Cave v Charity Commission, and also lead the only High Court case to date to be brought under the Charities Act 1993 by the Commission against Trustees. Stephen has been appointed as one of the 5 legally qualified members of the Charity Appeal Tribunal
Tel: 0151 600 3341
stephen.claus@brabnerscs.com
David Maples
David, a corporate partner with more than 25 years experience. As well as advising commercial clients on all aspects of corporate and commercial law, he regularly advises charities and social enterprises as to governance and constitutional issues and also as to their on going business related issues, including mergers, trading activities and subsidiaries.
Tel: 0151 600 3108
david.maples@brabnerscs.com
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