The Third Sector is growing in importance, through its core components of Charities, the Voluntary Sector including Social Housing, and Social Enterprises. The Scottish Government recognises the potential of the Third Sector to deliver some public services very cost-effectively and also is supportive of Social Enterprises, which marry commercially profitable activities with being in business to deliver and achieve social benefits.
All clients are unique and this is especially true of many Third Sector clients - above all we seek to understand our clients and what they exist to achieve. We co-ordinate our advice across legal disciplines, to help deliver the Third Sector body's aims - this is our goal. In working with our Third Sector clients we know that helping to establish them, or assist them achieve outcomes down the line, involves more than just corporate, finance, employment and public sector lawyers acting as specialists.
Our expertise has grown from working with major housing associations, charities and social enterprises to help deliver outcomes and also from working for some years with member organisations such as the Scottish Council for Voluntary Organisations and the Scottish Social Enterprise Coalition, delivering training, support and participating in the SCVO's pro bono legal advice scheme for members.
MacRoberts Third Sector Unit includes industry-recognised specialists in charities, corporate and contractual frameworks, EU procurement/state aid, employment and tax.
Charities
Our expertise includes advising:
- unincorporated charities to incorporate including drafting Memorandum and Articles
- on revising Memorandum and Articles of existing incorporated charities to adapt objects clauses, reflecting HMRC statements and taking into account OSCR requirements such as on remuneration and asset locks
- on taking forward applications for Charitable Status
- on Trustees' and Directors' duties and also on compliance with the CTI(S)A
- on the interpretation of constitutional documents including in relation to disputes
Housing Associations
Our expertise includes:
- advising on Public Procurement - tendering to the public sector for contracts
- employment advice in relation to TUPE and employment policies etc
- Governance and Regulatory advice including re registered social landlord status
- transactional and corporate advice including financing
- Data Protection advice
Voluntary Organisations & Social Enterprises
Our expertise includes:
- advising on Public Procurement - tendering to the public sector for contracts
- employment advice in relation to TUPE and employment policies etc
- Governance and Regulatory advice (including in relation to OSCR and the CIC Regulator)
- transactional and corporate advice including financing
- Freedom of Information advice
- Data Protection advice
For further information on our Third Sector services, please navigate the menu on the left or click on the links above.
Strong Commitment