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Charities

Charity law is becoming a more complex legal area where practical, tailored advice is imperative. MacRoberts' Charities Group provides a complete legal service designed to ensure that - whether it be a specific point in charity law, a governance issue, or an employment or litigation matter - we can provide a service tuned to clients' needs and providing constructive and innovative solutions to all our clients' issues.

Our experience includes advising on:

  • New charities, Incorporation and Governance
  • Data Protection compliance
  • Mergers and De-mergers
  • Contracts, Joint Venturing and Partnerships
  • Charity property and assets
  • Issues surrounding employees and volunteers
  • Intellectual Property and its protection
  • E-commerce and Marketing
  • Taxation
  • Trusts
  • Legacies
  • Developments in charity law and practice

We can also provide tailored training specifically focusing on the needs of our client. For example, we have provided training to a number of charities relating to Data Protection compliance and the Charities and Trustee Investment (Scotland) Act 2005. To discuss your training requirements, please contact one of our Charities key contacts.

For many years, MacRoberts has provided specialist legal advice to a large number of charities. We create and administer charities, large and small, for individuals, groups and companies.  We advise on charity law, accounting requirements, taxation issues, charitable giving and fundraising. As independent examiners for a large number of external charities, we are well placed to provide guidance in all aspects of this area of law.

MacRoberts' Charities Group comprises a dedicated and professional team of charity law specialists committed to providing an outstanding service to our clients and we pride ourselves on our flexible and timely service.

The Group provides a complete legal service which is designed to ensure that, whether it be a specific point in charity law, a governance issue, or an employment or litigation matter, we can provide a service tuned to your needs from beginning to end.

Drawing on our wealth of experience and expertise in the Charities sector, our Charities Group is able to provide constructive and innovative solutions to our clients' issues.

Our experience to date includes advising on:

  • preparation for OSCR's Rolling Review
  • new charities, incorporation and governance including new duties of trustees
  • data protection compliance
  • mergers and de-mergers
  • contracts and partnerships
  • charity property
  • issues surrounding employees and volunteers
  • intellectual property and its protection
  • e-commerce and marketing
  • taxation including the interaction between OSCR and HMRC
  • trusts and legacies
  • developments in charity law and practice
  • directions issued by OSCR under section 30 of the CTISA.

We regularly provide legal e-updates to clients and provide tailored training focusing on the needs of the client. We have recently provided training to a number of charities in the areas of data protection compliance and the implications of the CTISA.

Our experience also includes:

  • establishing trading subsidiaries for a number of charities
  • advising Glasgow Housing Association on its involvement in a Community Development Finance Initiative set up as a Community Interest Company
  • advising a charitable company providing educational services on a possible joint venture involving the provision of interactive on-line educational services
  • advising on a merger of two of the further education colleges
  • tax advice to a Further Education College on restructuring arrangements involving a trading subsidiary to avoid adverse tax implications arising from substantial loans by the charity to its trading subsidiary.

Since the start of the new regime introduced in 2006 by the Charities and Trustee Investments (Scotland) Act 2005 (CTISA), charity law in Scotland has become a complex legal area, where practical and tailored advice is imperative.

A number of our Partners are themselves trustees of significant charitable bodies, where their role includes compliance with charity law and the impact of the Charities and Trustee Investments (Scotland) Act 2005 and their relationship with the regulator, OSCR.