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Charities
02 February 2012 Public benefit test latest - we understand that the Minister has decided to amend the public benefit test section of the Charities Act (NI) 2008 and this will allow the Commission to register the Northern Ireland charities in due course. The legislative process will begin soon and there is further information on the Charity Commission's website.
Latest - The Charity Commission for Northern Ireland has released its report on the first 100 concerns raised about charities - common themes are poor governance, poor financial control, lack of transparency and the damage done by disputes. You can link to the Charity Commission for Northern Ireland from here: http://www.charitycommissionni.org.uk/ and read the report.
Edwards & Co. has a strong attachment to the charities and voluntary sector which is a key part of our culture and ethos. We have many years of experience in acting for a wide range of charitable organisations, some of them for in excess of forty years. The arrival of new Partner, Jenny Ebbage adds to our well-established base, bringing an increased range of services and expertise and depth of knowledge. A number of our Solicitors are members of charity boards and that gives them first-hand insight into the issues facing charities today, leading to an effective focused service for our clients.
Our impressive roster of clients includes USPCA, RUC - PSNI Benevolent Fund, PRRT, Age NI, Volunteer Now, Habinteg Housing Association (Ulster) Limited, Ark Housing Association, Careers n' Kids, Sisters of Mercy and Colin Glen Trust. We also act for The Society of St. Vincent de Paul in Ireland, CO3 (Chief Officers 3rd Sector), Northern Ireland Federation of Housing Associations, Upper Springfield Development Company, TIDES Trading, Audiences NI and the Northern Ireland Womens' Aid Federation.
We are alive to the Northern Ireland context facing charities and not for profit organisations today and offer clear-cut advice grounded in an understanding of our clients' cultures and values. Our approachable and pragmatic lawyers offer a knowledgeable and professional service which includes advice on:-
- Charity creation, charitable status, constitutional issues - we advise on formation of charities, constitutional reviews, good governance, trustees' and directors' duties, collaborations, group structures, transfers of charitable undertakings, mergers and de-mergers, and, we offer training and induction for new trustees, company secretarial services and general advice.
- Charity Commission - we advise charities on all aspects of compliance regulation by The Charity Commission for Northern Ireland such as inquiries and investigations. We also have experience of charity proceedings such as cy-près and can advise on the implications of the Charities Act (Northern Ireland) 2008 for charities operating in Northern Ireland.
- Trading and Commercial Arrangements - we advise on service level agreements, public service delivery contracts, the application of cy-près and schemes of arrangement, trading activities and trading subsidiaries, partnering, collaborations, employee issues and TUPE, issues affecting volunteers. We have strong contacts with local experts on VAT for charities and taxation issues arising from charitable and commercial activities.
- Finance, Fundraising and Marketing - we advise on compliance with fundraising codes of practice and regulations, lotteries, grants, borrowings, reserves policies and investment policies. We advise on brand protection and reputation management, intellectual property and copyright and enforcement and dispute resolution. We advise on sponsorship and affinity arrangements, merchandising and data protection and can provide advice on advertising and campaigning.
- Property - we advise on sales and disposals, leases and licences, mortgages and security, compliance with statutory requirements, grants (including agreements with local and government agencies and other grant providers) and on the impact of the new Charities Act (Northern Ireland) 2008 on dealings with charity land.
We can also advise on legacies and trusts, probate, administration of estates and wills and charitable giving.
We actively engage with two charities to promote education and development of young people, both locally and overseas. More details can be found on the Social Responsibilities section of our website.
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