Peter Steer and Sarah Clune review recent developments in third sector law ‘Prudence is perhaps a rather old fashioned virtue, but it should make trustees stop and think whether what they have cleverly structured or who they are involved with is really in the best interests of the charity, or themselves.’ This article is a …
Continue reading "Charity Law Update: Responsible giving"
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In his concluding article David Schmitz discusses the legal position for charitable trustees faced with a gagging clause ‘If a charity was to bind itself thus, its trustees would necessarily and improperly be fettering the powers which they possess for the advancement of the purposes of the charity, and would be committing the charity to …
Continue reading "Charities: Power to voice?"
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In the first of two articles David Schmitz examines whether gagging clauses are enforceable against charities ‘There is now a serious concern that when it comes to hiring voluntary organisations to provide services on behalf of the government, these organisations are coming under pressure to hold back from criticising the government and its policies, as …
Continue reading "Charities: Threat to independence?"
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Robert Keylock assesses the implications of Mountstar (PTC) v Charity Commission for charity professionals ‘The Commission considered that the tax effectiveness of the scheme was a question for HMRC alone. It also concluded that the scheme did not provide any direct or indirect benefit for the directors.’ The Cup Trust caused a furore after the …
Continue reading "Charities: A question of confidence"
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Wills & Trusts Law Reports | November 2013 #134The Pollen Estate Trustee Company (PETCL) held various London properties on trust for the beneficiaries of the Pollen Estate Trust (PET). Two of the beneficiaries of the PET were charities, being the Church Commissioners and Greenwich Hospital. From time to time PETCL bought and sold property. The appeal concerned four properties bought by PETCL on behalf of the PET between 2006 and 2008.
KCL is a charity. It operates a shared equity scheme under which it participates in the acquisition of homes for its employees in return for a share in the equity in the property proportionate to...
Sarah Clune examines the Charity Commission’s consultation on rules for total return investment ‘In a total return investment investors can manage their investments to make the most of the return they generate, regardless of whether this comes from dividends, interest or capital gains.’ Significant changes are afoot for permanently endowed charities. Section 4 of the …
Continue reading "Charities: New powers to invest"
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Kerry Rogers assesses the current attitude towards legacies and discusses how legal professionals should handle charitable giving ‘Legal professionals should ensure, that when a client draws up a will that makes little or no provision for their children, or other potential claimants, the client is made aware of the risk of a claim against the …
Continue reading "Charities: Live to give?"
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The Charity Commission’s decision over a proposed cy-près scheme for The Sir Edward Heath Charitable Foundation has useful lessons, as Sarah Clune explains Many questioned why applications for funding had not been made to the Heritage Memorial Fund, why a public appeal had not been mounted and why events were not held at the house. …
Continue reading "Charities: Consultation is key"
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Vicki Bowles sets out the implications of Charity Commission v RNIB on payments to trustees It may be worth exploring whether an amendment to the constitution is appropriate to establish a commitment to such payments where necessary and in the interests of the charity, or whether one-off permission is more appropriate in an individual case. …
Continue reading "Charities: Make your case"
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Sarah Clune gives an update on Catholic Care’s appeal on same-sex adoption Where charities are pursuing what is regarded as a public activity (such as child adoption), they no longer necessarily have freedom of action. This is the price to be paid for living and working in a liberal-minded democracy. On 2 November, the Upper …
Continue reading "Charities: Can discrimination be justified?"
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