Governance Road Map

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Registration

‘Do we need to register? How do we go about it? What kind of governing document will we need?’

Registering as a Charity

http://www.charity-commission.gov.uk/publications/cc21.asp

Exhaustive document from the Charity Commission covering all aspects of the process from defining what a charity is, what trustees are and what types of governing documents there are, to a detailed explanation of the stages involved with links to other appropriate information

“This guidance is about some of the issues that you may want to consider. It covers:

• Whether you need to start a new charity
• Which charities need to register
• The registration process

Registering a Charity

http://www.charity-commission.gov.uk/registration/default.asp

A single page on the Charity Commission website containing links to other relevant pages and documents including the Registration Pack

“Comprehensive information on registering a new charity, including all the publications and forms you will need before you apply”

Things to think about before setting up a new charity

http://www.charity-commission.gov.uk/registration/think.asp

Self explanatory and readable guide which asks a series of highly pertinent questions to anyone considering setting up a new charity. Definitely the best place to start.

• Is a new charity the best way forward?
• Are there existing charities with the same purposes and activities as yours?
• If this is a potential issue for you, have you thought about joining forces with an existing charity?
• Do you know about how a charity must operate?
• I have considered the alternatives and still want to set up a new charity

Choosing and Preparing a Governing Document

http://www.charity-commission.gov.uk/publications/cc22.asp

Very comprehensive resource covering all the relevant issues and considerations involved

This publication gives guidance about:

• The different types of governing document that a charity might use;
• Our recommended standard provisions for governing documents, ie the provisions that we would normally expect to see in a governing document; and
• The procedure for formally adopting your governing document.

Approved Governing Documents

http://www.charity-commission.gov.uk/registration/govdoclist.asp

“Some large national charities produce an approved governing document that can be used by organisations associated with that charity. These approved documents contain both agreed objects and administrative provisions that are specific to a particular type of organisation. A list of organisations for which an approved governing document has been agreed can be found below. Copies of these documents are not available from the Charity Commission.”

Model Governing Documents

http://www.charity-commission.gov.uk/registration/mgds.asp

“If you wish to set up a charity, using one of our model governing documents will help save time. Each of these contains the basic provisions which many charities use. Indeed, existing charities wishing to update their governing document may also find these a useful source for model provisions, with the exception of the trustee benefit clauses.

The different models are:

• Charitable Companies: Model Memorandum and Articles of Association
• Charitable Trusts: Model Trust Deed
• Charitable Associations: Model Constitution”

Example Objects

http://www.charity-commission.gov.uk/registration/exobjintro.asp

"’Objects’ is the term we use to describe and identify the purpose for which the charity has been set up. They do not say what the organisation will do on a daily basis. We know that preparing the objects of a charity can be very difficult to get right, so we have set out some example charitable objects to help you.”

Registration Application Pack

http://www.charity-commission.gov.uk/registration/regpack.asp

“To register your organisation as a charity you will need to make a formal application to us. To help you to provide all of the information we need, we have issued a Registration Application Pack (the Pack). It contains an application form; a trustee declaration form; guidance notes; and a copy of our advice on the responsibilities of trustees.”

Registering a Charity - Associated Publications

http://www.charity-commission.gov.uk/registration/list.asp

Extensive list of other Charity Commission publications you might want to consult

• CC3 - The Essential Trustee: What you need to know
• CC21 - Registering as a Charity
• CC22 - Choosing and Preparing a Governing Document
• GD1 – Memorandum and articles of association for a charitable company
• GD2 – Model Declaration of Trust for a Charitable Trust
• GD3 – Model Constitution for a Charitable Unincorporated Association
• RR1 - The Review of the Register of Charities
• RR2 - Promotion of Urban and Rural Regeneration
• RR3 - Charities for the Relief of Unemployment
• RR4 - The Recreational Charities Act 1958
• RR5 - The Promotion of Community Capacity Building
• RR6 - Maintenance of an Accurate Register
• RR7 - The Independence of Charities from the State
• RR8 - The Public Character of Charity
• RR9 - Preservation and Conservation

Frequently Asked Questions - Registering A Charity

http://www.charity-commission.gov.uk/registration/faqpage.asp

Comprehensive list of questions about registration

• Setting up a charity
  • What is a charity?
  • What is ‘public benefit’?
  • What should I think about before setting up a new charity?
  • How do I set up a new charity?
• The Register of Charities
  • What is the Register of Charities?
• The need to register
  • Which charities need to register?
  • We are thinking about registering as a charity. How can we find out more?
  • We are thinking about registering as a charity, but we are based in Scotland. How can we find out more?
  • We are thinking about registering as a charity, but we are based in Northern Ireland. How can we find out more?
  • What happens when you receive my application?
  • How long does it take to register?
  • Why do you sometimes ask for amendments to be made to the governing document before you can register an organisation?
  • I want to register our organisation as a charity, but I also want it to be a company. What's the best way of going about this?
  • What if I use the word "charity" or "charitable" in my company’s title?
  • What happens once my organisation is registered?
• Incorporation
  • What do we need to know about converting from an unincorporated charity to a charitable company?
• Applying for lottery money
  • We are applying for lottery money, and we think we have to be a registered charity first. Is that right?
• Criminal Records Bureau disclosures
  • When do you need to see evidence that CRB disclosures have been obtained?
• Payment for trustees
  • I am a charity trustee - how can I be paid for my work as a trustee within the charity?
• Removal from the register
  • Our charity has dissolved. What information do we have to provide the Commission to be removed from the Central Register of Charities?
• Charity Commission Direct
• Charities working internationally
• Child protection
• Charitable Registered Social Landlords

Exempt Charities

http://www.charity-commission.gov.uk/publications/cc23.asp

You may find that the organisation you want to set up is exempt from registration. This document gives you the criteria

“Certain charities are exempt from our supervision because they are considered to be adequately supervised by, or accountable to, some other body or authority.

For the purposes of the 1993 Act an exempt charity is:

• Any institution established for charitable purposes which is included in Schedule 2 to the 1993 Act; or
• A common investment fund or a common deposit fund established by a Scheme of the Commissioner which permits only exempt charities to participate”

Registration: Charity and/or Company

http://www.volresource.org.uk/briefing/register.htm

Readable discussion of the issues around registration and different forms of organisation with links to further information

“It is possible to be both a charity and a limited company, and either or none. There is a whole range of issues which should be considered before you decide what is right for your organisation. It often comes down to the trade off between initial cost and ongoing bureaucracy versus lack of status (with potential donors and suppliers) and open-ended liability.”

Guidance Booklets on Company formation, registration and naming etc

http://www.companieshouse.gov.uk/about/guidance.shtml

Should you be thinking of forming a company this page on the Companies House website contains links to online and downloadable documents on the formation of limited companies and other related information

Companies Act 2006

• Including a link to last minute amendments

Companies Act 1985

• Company Formation and Registration
• Administration and Management
• Winding-Up
• Limited Liability Partnerships
• Other Legislation

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