Charity law is complicated one, all charities are reguled by the Charity Commission and laws, rules and regulations are constantly increasing.

If you are embarking upon the setting up of a charity or voluntary organisation, you will need advise and legal representation on the most suitable legal structure of your entitity.

If you are about to register a charity after 23 April 2007 it will only have to be registered if its annual income is over £5,000. It is no longer the policy of Charities Commission to register charities that do not meet this minimum requirement.

Not just new set-ups require advice from charity law solicitors, established charities and voluntary organisations need advice, either from time to time oron an ongoing basis.

Issues such as;

Advising trustees on their responsibilities and liabilities
Updating the governing document
Compliance with Charity Commission rules
Trading and fundraising
Joint ventures/sponsorship
Charity mergers
Constitutional issues
Incorporation

these are just a few complicated issues.

Often a tragedy impels an individual to start a charity but be mindful that setting up your charity may not be the best way forward and it may not be legally possible.

Consulting a charity law solicitor should be made a priority before you spend money on promotion and fund raising.

If you are about to commemorate an individual by forming a charity in their name, consider creating a separate fund within an existing charity named after the person.

Using this method, you have the might of a major established charity behinf you and although it may be just as effective as creating a new charity, you have the experience of others with the same goals.

You might choose to set up a charity that will help a disaster.

Instead of setting up a new entity as a charity, why not offer money or services to an existing charity, such as the Disasters Emergency Committee for example. Take a look at the Charity Commission Disaster Appeal documentation.

Whether you register or not, all charities must operate within the constraints of charity law.

Without professional legal advice, you can easily fall foul of the law despite your good intentions.

Adverse publicity could ruin your new charity before it gets off the ground. Ensure you consult a charity law solicitor.

Our specialist Charities sector group comprising 5 charity law specialists is made up of 4 partners and 1 senior solicitor. All members of the Charities sector group are members of the Charity Law Association and our senior members have actively participated in its working parties and other activities. The core team works closely with other lawyers throughout the firm to provide a tailored service for charities.

Chambers Legal Directory 2003 - 2004 places us at first place in the South of England and in the Thames Valley region for charity law, stating that:

"The May 2003 merger of Blake Lapthorn with Linnells united two of the most highly respected regional players in charities; their combined remit now extends throughout The South and Thames Valley areas. The firm is widely considered to be "ahead of the game," providing a "one-stop shop" service that comprises both commercial and constitutional capabilities.

"First-class" practitioner Elizabeth Davis heads the charities practice across the firm from her base in Portsmouth. She gained unanimous praise as "a genuine specialist and national player who combines warm approachability with excellent, practical knowledge." and "Joss Saunders leads the team in Oxford. Hailed as a "genuine specialist," Saunders has an "inspired" practice that includes acting as company secretary for Oxfam, which has generated substantial instructions from overseas aid agencies."

We work for over 400 charities and not for profit organisations including a number of large national and regionally centered charities and many smaller and community based charities. The majority of our charity clients and many others are companies limited by guarantee. We have considerable experience of setting up and advising on the law relating to this type of company. The firm is appointed to the Charity Commission panel of Receivers and Managers and Approved Intermediaries.

Our charity clients include:

* aid charities (UK and overseas)
* arts organisationsm benevolent associations
* elderly and special care charities
* community charities
* educational charities
* fair trade organisations
* faith based charities/Christian charities
* heritage charities and museums
* housing associations
* learned societies
* leisure trusts
* maritime charities
* non charity social enterprises
* professional associations
* research charities
* special interest charities
* sports related organisations and clubs
* umbrella bodies
* wildlife and environmental charities

The team has acted for charities pursuing a wide variety of charitable objectives from obtaining charitable status to advising them and their trustees on all matters relating to their charitable status and activities. The teams experience not only encompasses the establishment of new charities, but also the incorporation and operation of trading subsidiaries of existing charities.

From the outset, it is important that all concerned are aware of the legislation governing charities which is in place to ensure that a charity and its assets are properly administered.

The team has close geographical and personal links with the Charity Commission office based in Liverpool which is responsible for the majority of applications of charitable status as well as inquiries into the affairs of Charities where problems have been encountered for complaints by the public have been made.

The team will advise on all aspects affecting a charity, including:

· Choice of governing document, whether it be under a trust deed or through a company limited by guarantee (including the incorporation the same)
· Application for charitable status
· Advising trustees on their duties and obligations
· Advice on fundraising agreements and other fundraising activities, including the drafting of appropriate documentation
· Liasing with the Charity Commission where appropriate and advising on the extent of their powers of investigation
· The establishment and operation of trading subsidiaries

The legal needs of charities are very varied and are growing all the time. In recognition of this Rollits has developed a specialist Charity Group. The group deals with all areas of charity law and advises all types of charities, offering a co-ordinated service to clients.

By having a dedicated group we are much better able to serve the needs of all our charity clients. The Charity Group comprises individuals drawn from various disciplines across the firm, not only charity law, but also employment, property, company and commercial, litigation, trusts and tax and social housing - all areas where charities now need specialist advice. Our reputation in advising charities is well known, and we act for numerous national and local charities.

Partner Ros Harwood, who practices exclusively in charity law, heads up the Group. One of the country's leading charity lawyers, she joined Rollits from a top London firm where she was head of their charity group. Ros is recognised as a leading individual and legal expert in legal directories such as 'Chambers and Partners', 'The Legal 500' and 'Legal Experts'. She is also Secretary of The Charity Law Association.

Services

* Establishing new charities
* Advising trustees on their responsibilities and liabilities
* Charity mergers
* Constitutional issues
* Incorporation
* Joint ventures/sponsorship