Charities Act 2011
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This Document Has Been Provided by the International Center for Not-For-Profit Law (ICNL)
This document has been provided by the International Center for Not-for-Profit Law (ICNL). ICNL is the leading source for information on the legal environment for civil society and public participation. Since 1992, ICNL has served as a resource to civil society leaders, government officials, and the donor community in over 90 countries. Visit ICNL’s Online Library at http://www.icnl.org/knowledge/library/index.php for further resources and research from countries all over the world. Disclaimers Content. The information provided herein is for general informational and educational purposes only. It is not intended and should not be construed to constitute legal advice. The information contained herein may not be applicable in all situations and may not, after the date of its presentation, even reflect the most current authority. Nothing contained herein should be relied or acted upon without the benefit of legal advice based upon the particular facts and circumstances presented, and nothing herein should be construed otherwise. Translations. Translations by ICNL of any materials into other languages are intended solely as a convenience. Translation accuracy is not guaranteed nor implied. If any questions arise related to the accuracy of a translation, please refer to the original language official version of the document. Any discrepancies or differences created in the translation are not binding and have no legal effect for compliance or enforcement purposes. Warranty and Limitation of Liability. Although ICNL uses reasonable efforts to include accurate and up-to-date information herein, ICNL makes no warranties or representations of any kind as to its accuracy, currency or completeness. -
Charities Bill
Research and Information Service Bill Paper 11th August 2021 RaISe Charities Bill NIAR 185-21 This Bill Paper has been prepared to inform consideration of the Charities Bill. It provides background to the Bill’s introduction and content, including comparison with current law in Great Britain and the Republic of Ireland, and highlights potential issues for consideration. Paper 55/21 11th August 2021 Research and Information Service briefings are compiled for the benefit of MLAs and their support staff. Authors are available to discuss the contents of these papers with Members and their staff, but cannot advise members of the general public. We do, however, welcome written evidence that relates to our papers and this should be sent to the Research and Information Service, Northern Ireland Assembly, Room 139, Parliament Buildings, Belfast BT4 3XX or e-mailed to [email protected] NIAR 185-21 Bill Paper Key Points On 21st June 2021, the Charities Bill was introduced to the Assembly. The Bill would amend the Charities (Northern Ireland) Act 2008 to make Charity Commission staff decisions lawful; establish a Commission ability to delegate to staff in future; and enable regulations creating a charity registration threshold. This paper aims to support the Assembly’s consideration of the Bill. Background The Charities Act (Northern Ireland) 2008 (‘the 2008 Act’) deals broadly with charity regulation. It was intended to update Northern Ireland charity law, at a time when similar updates were ongoing in England & Wales, Scotland and the Republic of Ireland (‘RoI’). The 2008 Act was subsequently amended by the Charities Act (Northern Ireland) 2013 (‘the 2013 Act’), to correct technical issues with the public benefit test. -
Trustee Act 1925 Chapter 19
Trustee Act 1925 Chapter 19 Part II General Powers of Trustees and Personal Representatives 12 Power of trustees for sale to sell by auction, etc (1) Where a trustee has a duty or power to sell property, he may sell or concur with any other person in selling all or any part of the property, either subject to prior charges or not, and either together or in lots, by public auction or by private contract, subject to any such conditions respecting title or evidence of title or other matter as the trustee thinks fit, with power to vary any contract for sale, and to buy in at any auction, or to rescind any contract for sale and to re-sell, without being answerable for any loss. (2) A duty or power to sell or dispose of land includes a trust duty or power to sell or dispose of part thereof, whether the division is horizontal, vertical, or made in any other way. 13 Power to sell subject to depreciatory conditions (1) No sale made by a trustee shall be impeached by any beneficiary upon the ground that any of the conditions subject to which the sale was made may have been unnecessarily depreciatory, unless it also appears that the consideration for the sale was thereby rendered inadequate. (2) No sale made by a trustee shall, after the execution of the conveyance, be impeached as against the purchaser upon the ground that any of the conditions subject to which the sale was made may have been unnecessarily depreciatory, unless it appears that the purchaser was acting in collusion with the trustee at the time when the contract for sale was made. -
Cities and Local Government Devolution Bill [HL]; Psychoactive Substances Bill [HL]; Charities (Protection and Social Investment) Bill [HL]
HOUSE OF LORDS Select Committee on the Constitution 2nd Report of Session 2015‒16 Cities and Local Government Devolution Bill [HL]; Psychoactive Substances Bill [HL]; Charities (Protection and Social Investment) Bill [HL] Ordered to be printed 18 June 2015 and published 22 June 2015 Published by the Authority of the House of Lords HL Paper 9 Select Committee on the Constitution The Constitution Committee is appointed by the House of Lords in each session “to examine the constitutional implications of all public bills coming before the House; and to keep under review the operation of the constitution.” Membership The Members of the Constitution Committee are: Lord Brennan Lord Judge Lord Maclennan of Rogart Lord Cullen of Whitekirk Lord Lang of Monkton (Chairman) Lord Morgan Baroness Dean of Thornton-le-Fylde Lord Lester of Herne Hill Lord Norton of Louth Lord Hunt of Wirral Lord MacGregor of Pulham Market Baroness Taylor of Bolton Declarations of interests The following relevant interest was declared by Lord Hunt of Wirral: Partner in commercial law firm DAC Beachcroft LLP A full list of Members’ interests can be found in the Register of Lords’ Interests: http://www.parliament.uk/mps-lords-and-offices/standards-and-interests/register-of-lords-interests Publications All publications of the committee are available at: http://www.parliament.uk/hlconstitution Parliament Live Live coverage of debates and public sessions of the committee’s meetings are available at: http://www.parliamentlive.tv Further information Further information about the House of Lords and its committees, including guidance to witnesses, details of current inquiries and forthcoming meetings is available at: http://www.parliament.uk/business/lords Committee staff The current staff of the committee are Antony Willott (Clerk), Dr Stuart Hallifax (Policy Analyst) and Hadia Garwell and Victoria Rifaat (Committee Assistants). -
'Whether Or Not the Law Relating to Modern Trustees' Power and Duties Have Achieved a Balance Between Managing the Trust As
ISSN 2039-2117 (online) Mediterranean Journal of Social Sciences Vol 6 No 2 ISSN 2039-9340 (print) MCSER Publishing, Rome-Italy March 2015 ‘Whether or Not the Law Relating to Modern Trustees’ Power and Duties have Achieved a Balance between Managing the Trust Assets and Protecting the Interest of the Beneficiaries: A Critical Analysis’ Md. Saifur Rahman Chowdhury Advocate, Chittagong District Bar Association, Bangladesh & Legal Expert Email: [email protected] Doi:10.5901/mjss.2015.v6n2p386 Abstract The purpose of this article is to critically analyse with the reference of appropriate authority whether or not the law relating to modern trustees’ power and duties have achieved a balance between managing the trust assets and protecting the interest of the beneficiaries.The duties, power and responsibilities of trustees are normally set out in the trust documents, at least in part. In this regard the range of underpinning statutory provisions contained, in particular, in the Trustee Acts 1925 and 2000 and the Trusts of Land and Appointment of Trustees Act 1996. However there is a common law standard of duty expected of trustees and that it has been modified under s 1(1) of the Trustee Act 2000 in a range of situations. As we know fiduciary obligations are particular – and peculiar –obligations recognized by equity. In certain circumstances, typically in trusts but also in agency and other relationships, equity will require one party to the relationship, called the ‘fiduciary’, to act in the best interests of the other, called the ‘principal’. Failure to do so will mean that the first party commits the equitable wrong of breach of fiduciary duty vis-à- vis the second. -
Introduction to Will Drafting for Accountants
Introduction to Will Drafting for Accountants MONDAY, 25 MARCH 2019 In association with… icaew.com The value of ICAEW membership Qualified professionals to advise you on technical and 1 ethical matters 259 World class Industry and library ... country guides ... with Connecting information ACA/FCA members through and research online professionals communities, offering blogs and forums tailored help Internationally recognised designatory letters Member App available on Android and iOS INTELLIGENCE AND INSIGHT APRIL 2015 | ICAEW.COM/ECONOMIA ISSUE 37 | ACCOUNTANCY | FINANCE | BUSINESS 200+ Confidential Fight for and non- your right Specialist technical Multimillionaire barrow boy Barry Hearn on fortune, family and making his own way helpsheets and judgmental PRIVATE EQUITY THE PENSIONS REVOLUTION EUROPEAN support and ROAD TRIPS FAQs advice 18 International member groups 3,450+ 24h electronic 24 10 journals UK District International Societies offices and books Information online when you need it – no cost, no time zone, no delay Agenda Time Session 09:00 Registration 09:30 Formal requirement for wills; When to use life interest trusts; When to use discretionary trusts; Taking instructions for a will – who is the client?, family, size of estate, who does the client wish to benefit; Capacity to make a will and knowledge and approval of the contents; Undue influence: Conflict of interest – couples may have different wishes; Does client have an equitable interest in a house vested in the name of someone else? Does someone else have an equitable -
This Document Has Been Provided by the International Center for Not-For-Profit Law (ICNL)
This document has been provided by the International Center for Not-for-Profit Law (ICNL). ICNL is the leading source for information on the legal environment for civil society and public participation. Since 1992, ICNL has served as a resource to civil society leaders, government officials, and the donor community in over 90 countries. Visit ICNL’s Online Library at http://www.icnl.org/knowledge/library/index.php for further resources and research from countries all over the world. Disclaimers Content. The information provided herein is for general informational and educational purposes only. It is not intended and should not be construed to constitute legal advice. The information contained herein may not be applicable in all situations and may not, after the date of its presentation, even reflect the most current authority. Nothing contained herein should be relied or acted upon without the benefit of legal advice based upon the particular facts and circumstances presented, and nothing herein should be construed otherwise. Translations. Translations by ICNL of any materials into other languages are intended solely as a convenience. Translation accuracy is not guaranteed nor implied. If any questions arise related to the accuracy of a translation, please refer to the original language official version of the document. Any discrepancies or differences created in the translation are not binding and have no legal effect for compliance or enforcement purposes. Warranty and Limitation of Liability. Although ICNL uses reasonable efforts to include accurate and up-to-date information herein, ICNL makes no warranties or representations of any kind as to its accuracy, currency or completeness. -
Charities Act 2006
Charities Act 2006 CHAPTER 50 Explanatory Notes have been produced to assist in the understanding of this Act and are available separately £26·00 Charities Act 2006 CHAPTER 50 CONTENTS PART 1 MEANING OF "CHARITY" AND "CHARITABLE PURPOSE" 1 Meaning of “charity” 2 Meaning of “charitable purpose” 3 The “public benefit” test 4 Guidance as to operation of public benefit requirement 5 Special provisions about recreational charities, sports clubs etc. PART 2 REGULATION OF CHARITIES CHAPTER 1 THE CHARITY COMMISSION Establishment of Charity Commission 6 The Charity Commission Commission’s objectives, general functions etc. 7 The Commission’s objectives, general functions and duties CHAPTER 2 THE CHARITY TRIBUNAL 8 The Charity Tribunal ii Charities Act 2006 (c. 50) CHAPTER 3 REGISTRATION OF CHARITIES General 9 Registration of charities 10 Interim changes in threshold for registration of small charities Exempt charities: registration and regulation 11 Changes in exempt charities 12 Increased regulation of exempt charities under 1993 Act 13 General duty of principal regulator in relation to exempt charity 14 Commission to consult principal regulator before exercising powers in relation to exempt charity CHAPTER 4 APPLICATION OF PROPERTY CY-PRÈS Cy-près occasions 15 Application cy-près by reference to current circumstances 16 Application cy-près of gifts by donors unknown or disclaiming 17 Application cy-près of gifts made in response to certain solicitations Schemes 18 Cy-près schemes CHAPTER 5 ASSISTANCE AND SUPERVISION OF CHARITIES BY COURT AND COMMISSION Suspension or removal of trustees etc. from membership 19 Power to suspend or remove trustees etc. from membership of charity Directions by Commission 20 Power to give specific directions for protection of charity 21 Power to direct application of charity property Publicity relating to schemes 22 Relaxation of publicity requirements relating to schemes etc. -
Beyond Charity: Outlines of a Jurisprudence for Civil Society
Beyond Charity: Outlines of a Jurisprudence for Civil Society By Matthew Dwight Turnour Bachelor of Economics, University of Queensland Bachelor of Laws, University of Queensland Master of Arts (Research), Queensland University of Technology Solicitor of the Supreme Court of Queensland Solicitor of the High Court of Australia The Australian Centre for Philanthropy and Nonprofit Studies Faculty of Business Queensland University of Technology Submitted in full requirement for the award of Doctorate of Philosophy on 23 September 2009 ii I venture to think that there is no subject the study of which benefits more than does law from the liberalising influence of contact with other spheres of life and knowledge. Lord Macmillan 1937 Law and Other Things 39. iii iv KEYWORDS altruism – association – benefit – charitable purpose – charities – civil society – civil society organisation – coercion – deductibility – intermediaries – jurisprudence – nonprofit – not- for-profit – NGO – nongovernment organisation – preamble – public benefit – social economy – Statute of Elizabeth – tax exemption – third sector – voluntarism The thesis relies upon case law and statute up to 31 December 2008. v vi ABSTRACT There is not a single, coherent, jurisprudence for civil society organisations. Pressure for a clearly enuciated body of law applying to the whole of this sector of society continues to increase. The rise of third sector scholarship, the retreat of the welfare state, the rediscovery of the concept of civil society and pressures to strengthen social capital have all contributed to an ongoing stream of inquiry into the laws that regulate and favour civil society organisations. There have been almost thirty inquiries over the last sixty years into the doctrine of charitable purpose in common law countries. -
Consultation on Extending the Charity Commission's Powers to Tackle Abuse in Charities
CONSULTATION ON EXTENDING THE CHARITY COMMISSION’S POWERS TO TACKLE ABUSE IN CHARITIES 4 December 2013 CONTENTS Part I - About this consultation Topic of this consultation Scope of this consultation Geographical scope Audience Body responsible for the consultation Duration How to respond, or make an enquiry After the consultation Part II - Background Role of the Charity Commission Serious cases requiring the Commission‟s involvement Existing powers of the Charity Commission Criticism of the Charity Commission regarding charity regulation and weaknesses of the Charity Commission‟s existing powers Part III - Proposals Proposed Changes Case studies demonstrating difficulties with the existing powers Part IV – Impact The impact of these proposed changes on charities, trustees, the Charity Commission and the Charity Tribunal 2 Part I - About this consultation Topic of this consultation 1. This consultation is about strengthening the Charity Commission‟s powers to act where there is abuse of a charity and/or non-compliance with charity law, in particular where there is misconduct or mismanagement or risk to charity property, and considering whether the criteria for disqualification from acting as a charity trustee should be extended. The aim is to ensure more effective regulation of charities by tackling malpractice and to support public trust and confidence in charities, the regulator and the regulation of the charity sector. 2. We want to seek views on several changes proposed by the Charity Commission. The proposals would close loopholes in and extend the Charity Commission‟s existing powers to investigate and remedy non-compliance in relation to charities in England and Wales, including the provisions that disqualify someone from acting as a charity trustee. -
Charities Act 2011
Changes to legislation: There are outstanding changes not yet made by the legislation.gov.uk editorial team to Charities Act 2011. Any changes that have already been made by the team appear in the content and are referenced with annotations. (See end of Document for details) Charities Act 2011 2011 CHAPTER 25 An Act to consolidate the Charities Act 1993 and other enactments which relate to charities. [14th December 2011] BE IT ENACTED by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:— PART 1 MEANING OF “CHARITY” AND “CHARITABLE PURPOSE” CHAPTER 1 GENERAL Charity 1 Meaning of “charity” (1) For the purposes of the law of England and Wales, “charity” means an institution which— (a) is established for charitable purposes only, and (b) falls to be subject to the control of the High Court in the exercise of its jurisdiction with respect to charities. (2) The definition of “charity” in subsection (1) does not apply for the purposes of an enactment if a different definition of that term applies for those purposes by virtue of that or any other enactment. 2 Charities Act 2011 (c. 25) Part 1 – Meaning of “charity” and “charitable purpose” CHAPTER 1 – General Document Generated: 2013-03-13 Changes to legislation: There are outstanding changes not yet made by the legislation.gov.uk editorial team to Charities Act 2011. Any changes that have already been made by the team appear in the content and are referenced with annotations. -
Family Provision and Bequests to Charity in Wills
QUT Digital Repository: http://eprints.qut.edu.au/ Hannah, Frances M. and McGregor-Lowndes, Myles (2008) From testamentary freedom to testamentary duty: Finding the balance. © Copyright 2008 Queensland University of Technology From testamentary freedom to testamentary duty: Finding the balance Working Paper No. CPNS 42 Frances Hannah and Professor Myles McGregor-Lowndes The Australian Centre for Philanthropy and Nonprofit Studies Queensland University of Technology Brisbane, Australia October 2008 This research is funded by the E F and S L Gluyas Trust and the Edward Corbould Charitable Trust under the management of Perpetual Trustees Company Ltd GPO Box 2434 BRISBANE QLD 4001 Phone: 07 3138 1020 Fax: 07 3138 9131 Email: [email protected] http://cpns.bus.qut.edu.au CRICOS code: 00213J The Australian Centre for Philanthropy and Nonprofit Studies (CPNS) is a specialist research and teaching unit at the Queensland University of Technology in Brisbane, Australia It seeks to promote the understanding of philanthropy and nonprofit issues by drawing upon academics from many disciplines and working closely with nonprofit practitioners, intermediaries and government departments. The mission of the CPNS is “to bring to the community the benefits of teaching, research, technology and service relevant to philanthropic and nonprofit communities”. Its theme is ‘For the Common Good’. The Australian Centre for Philanthropy and Nonprofit Studies reproduces and distributes these working papers from authors who are affiliated with the Centre or who present