Lupton Fawcett LLP

Enterprises that deliver a public benefit have the option of registering with charitable status and can do so in a variety of ways. A charitable organisation can take the form of a charitable company limited by guarante, a social enterprise, a community interest company, or a charitable trust to name but a few.

We can provide advice on the formation of such organisations and help clients to determine which structure is best suited to their individual needs. In addition we can provide pratical advice and guidance on the duties and liabilities of the charity’s trustees or directors.

For existing charities, there are constant challenges emanating from the increasing amount of regulation and guidance affecting the sector.

We have experience in providing legal advice in respect of all aspects of charity issues including:

• Incorporation
• Fundraising
• Trading activities
• Donations and legacies
• Political activities, campaigning and advertising
• Tax planning, financing and VAT
• Property transactions
• Joint ventures/sponsorships
• Employment matters
• Charity mergers and restructuring
• Charity contracts
• Charity Commission inquiries

Increasingly, many charities adopt commercial activities as part of their fund-raising remit.
We have particular expertise in:

• Charitable trading activities, including joint ventures between charities and corporate partners;
• Directors’ duties and personal liability;
• E-commerce and online giving;
• Constitutional reviews and reorganisations;
• The provision of services by charities to local authorities and governmental organisations

We understand that the reputation of a charity is of vital importance to its existence and its success and we therefore aim to provide pragmatic, cost-effective advice to our clients to aid the development and growth of their organisations.

We act for a large number of charities of all shapes and sizes from national and international organisations to start-ups. Charities choose us because we offer a combination of expertise, commercial nous, experience and the sense that we are alongside them in spirit, sharing their aims and hopes.