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Charity Seminar
Tank Museum 16th May 2017
Chairman’s Welcome
pkf-francisclark.co.uk
.
Housekeeping
pkf-francisclark.co.uk
Staff update – newly appointed Partners
Holly Bedford became Tax Partner on
1 December 2016
• Corporate and personal taxation expert
• Leads the tax team in the Plymouth office
• Previously with Arthur Anderson in Chicago
and EY in London and Edinburgh
Lucinda Coleman became Business
Recovery Partner on 1 April 2017
• Licenced insolvency practitioner and
Company Voluntary Arrangements expert
• Joined PKF Francis Clark as a graduate
trainee in 2003
pkf-francisclark.co.uk
Staff update – newly appointed Partners
Jason Mitchell will become Partner on
1 August 2017
• Specialises in providing accountancy and
advisory services to the legal sector
• SRA Accounts Rules expert
• Provides a wide range of accountancy
services to SMEs across the region
pkf-francisclark.co.uk
Staff update – newly promoted Directors, 1 April 2017
Liam Dushynsky,
VAT Director, Exeter
Adam Kefford Corporate
Tax Director, Exeter
Katie Skea, Director,
Plymouth
Ian Pring, Tax
Director, Plymouth
Chris Watts, Tax Director,
Torquay (FCTC)
Jemima Fox, Tax
Director, Plymouth
Justin Gliddon, Director,
Plymouth (1/10/16)
Frances Kingsnorth,
Director, Salisbury
pkf-francisclark.co.uk
James Barratt,
Director, Plymouth
Daniel Sladen, Tax
Director, Truro
Lisa Macpherson,
Tax Director & Head
of Tax Technical,
Poole
Martin Brown, Tax
Director, Taunton (FCTC)
Staff update – newly promoted Directors, 1 April 2017
Programme
Financial Reporting review – Mike Bath
Legal landscape – James Evans & Richard King
VAT view – Kathryn Jenkins
BREAK
Insolvency awareness – Lucinda Coleman
Investment ideas – Peter Nyland
Fundraising focus – Colin Kemp
LUNCH
pkf-francisclark.co.uk
Topical issues in financial reporting
Mike Bath
In this session
Topical and practical issues
• Common Reporting Standard
• Charities and trading subsidiaries
• What’s the story? Topical tips for the
trustees’ report
pkf-francisclark.co.uk
Common Reporting
Standard
pkf-francisclark.co.uk
• New automatic exchange of information (AEoI) regime
affecting some charities
• Will require annual provision of information to HMRC
• Internal recordkeeping obligations to support return
• First annual submissions by 31 May 2017
Common Reporting Standard (CRS)
pkf-francisclark.co.uk
Do you have:
• >50% charity income from investments and/ or
trading in financial assets
and
• Funds managed by an investment manager with
discretionary management powers
If Yes to both = “Financial Institution” and CRS
applies
Does CRS apply to you?
pkf-francisclark.co.uk
• Report requirements if charity has “financial accounts”
• “Financial accounts”
• Incorporated charity – loans from directors or “shareholders”
• Unincorporated charity or charitable trust – settlors, grantees
and lenders
• Due diligence to identify FA holders, including tax
residency
• Financial accounts in specified tax jurisdictions report to
HMRC via AEoI Online Service
Implications of being FI
pkf-francisclark.co.uk
• Establish whether CRS applies
• Identify relevant financial account holders in year to 31
December 2016
• Obtain due diligence information, especially tax residency
• Report any non UK tax resident holders to HMRC
Action now?
Charities and trading
subsidiaries
pkf-francisclark.co.uk
Risk
managment
Tax
mitigation
Why set up a trading subsidiary?
pkf-francisclark.co.uk
• Good use of charity funds - must
make proper investment decision
• Sufficient to provide necessary
working capital?
Share
capital
• Expectation of repayment?
• Third parties may require additional
security
• Servicing will impact on cash for gift
aid
Loans
Funding issues
pkf-francisclark.co.uk
• Separate legal entities and separate
responsibilities
• Potential for conflicts of interest
Governance
• Must be on arms’ length basis
• Supply agreements, licences, SLAs
Intra group
dealings
• Use of gift aid
• Beware distribution rules
Extracting
profit
The right relationship
pkf-francisclark.co.uk
• Trading subsidiary accounts
• Not the SORP
• Reporting and filing requirements
• Charity group – consolidated accounts?
• Audit implications
• Differing thresholds for charities and trading companies
• Practical implications for consolidated accounts
Additional regulatory cost
What’s the story?
Topical tips for the trustees’ report
pkf-francisclark.co.uk
• Revised order under SORP 2015
• Clarity in objectives and activitiesStructure
• Key interest for donors – links to trust
• Both immediate and longer term, beneficiaries
and wider society
Impact
statements
• Regard to CC public benefit guidance
• Demonstrates familiarity with duties
Compliance
statement
Tell your story: the basics
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• Income without cash – managing expectations
• Recognition of legacies when “probable”
• Contingencies for claw back claims
• Planning for the future
• Using reserve designations to explain why funds are held
• Cash flow forecasts and projects
Explaining the cash
pkf-francisclark.co.uk
• Dependence on funding sources
• Discuss strategies for maintaining or replacing
• Requirement for disclosure
• Uncertainties impacting operation
• Plans and actions
• Risks and uncertainties
• Different under SORP 2015
• Principal matters
“Bumps on the road”
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Planning
Words, figures, graphics
Consistency and transparency
Time to review
Getting it right
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House of Lords Select Committee Report
• “Good Governance: A code for the voluntary and
community sector”
• Regular skills audits
• Consider digital trustee role
• Payment to trustees “highly exceptional”
• Explain and justify in trustees’ report
Anything else….?
PKF Francis Clark 2017
Charity Seminar
James Evans and Richard King
Introduction
Data Protection changes
Trading Subsidiaries – getting it right
Trustee payment update
General Round-up
Data Protection Changes
─ Tougher ICO enforcement regime already
happening
─ GDPR in force 25 May 2018 – Brexit or no
Brexit
• Will make compliance tougher
• Even bigger penalties for getting it wrong
─ Further guidance from ICO and FR to come
Data Protection Changes
Core themes of existing DP rules continue but ……..
─ Tougher sanctions
• €20m or 4% of turnover, whichever is greater
─ Higher bar for lawful processing
• Consent harder to obtain and harder to rely on
─ Mandatory notification of data breaches to ICO
• Within 72 hours of becoming aware
Data Protection Changes
• More rights for individuals
– Including right to be ‘forgotten’
– Shorter response time for SARs
• Greater accountability and governance
– Systems and processes must demonstrate
DP by “design and default”
– Advisable to appoint specific DP officer
Data Protection Changes
So what do charities need to do?
─ Identify a DP compliance lead within
the charity- and support them!
• Do you have an incident response plan
and a team in place
Data Protection Changes
• Review and map the personal data your
charity holds and uses, and why
– And are those individuals aware of what you
do with their data?
• Do you share data with third parties?
• Where are the biggest risk areas?
Data Protection Changes
• Review DP policies/procedures and
systems, external privacy notices and
consent wording in line with GDPR
– Do they comply?
– What changes needed to cater for new
individual rights?
• Staff training and awareness
• Test it!
Data Protection Changes
Further reading:
ICO 12 steps to take now
https://ico.org.uk/media/1624219/preparing-for-the-gdpr-
12-steps.pdf
Fundraising Regulator guidance
https://www.fundraisingregulator.org.uk/2017/02/21/fundrai
sing-regulator-releases-consent-data-guidance/
IoF guidance
http://www.institute-of-fundraising.org.uk/library/gdpr-the-essentials-for-
fundraising-organisations/
More governance
Richard King
Trading subsidiaries
Trading subsidiaries
• Tax or ring-fencing
• Shares, CIC or CLG?
• Control by sole member (PSC register)
• Not ‘off-the-shelf’!
• Conflicts of interest
• Exploitation/licence
• MOU?
Trustee Payment
Trustee Payment
• Can we offer payment to a chair of
trustees to aid recruitment?
• Can we employ a trustee as a part time
CEO whilst they remain a trustee?
• Can we engage a trustee to provide
professional services to the charity as an
interim measure whilst we recruit a
permanent member of staff?
Trustee Payment
─ Voluntary principle remains and unlikely
to change soon
─ Payment (including indirect) needs
express authority from governing
document or Charity Commission
consent
• See CC11 guidance
Trustee Payment
• Charities Act 2011 includes a statutory
power to pay trustees other than as
trustee
• Older governing documents may need
amending first- CC consent needed
Trustee Payment
When will Charity Commission give their consent?
─ Strong and exceptional case needs to be made
showing why in charity’s best interests.
─ Normally only where charity’s complexity of
operation means unusually high burden of
trusteeship.
─ CC will not be swayed by payment arrangements
negotiated by other charities.
Trustee Payment
Need to explain:
─ What steps taken to recruit trustees without payment?
─ The advantages in paying a trustee rather than other
alternatives.
─ Payment is reasonable and affordable, and will not
affect ability to carry out objects.
─ Risks identified and how you will manage them, and how
conflicts of interest will be managed.
─ How unpaid trustees will be able to review performance
and, if necessary, bring payments to an end.
Can we offer payment to a chair of trustees
to aid recruitment?
• CC consent needed if not permitted by
governing document- unlikely unless
complex?
Can we employ a trustee as a part time CEO
whilst they remain a trustee?
• not without CC consent, but CC has said
yes after a case was made.
Can we engage a trustee to provide
professional services to the charity as an
interim measure whilst we recruit a
permanent member of staff?
• yes – use the statutory power under
Charities Act 2011
And, in other news,…
New CC powers/edicts
• Warnings – see CC Q&A
• Reputational risk
• Other regulatory powers
• Charges?
• Key ideas from Select Cmtee
Campaigning and
elections
Campaigns and elections
 ‘Political’ campaigns
 ‘Lobbying’ Act 2014
 Issue-based campaigns
 Register with Electoral Comm.?
 CC9 - ‘Speaking Out’?
Legacies update
Lessons from Ilott case
• Right to choose who inherits
• Spouse/CP has greater claim
• Charities need not prove claim
• Complex, expensive litigation
• Risk (and reputation)
Further CC information
• CC14 [investments – revised 1.8.16]
• CC15d [charity accounting – new 1.11.16]
• CC25 [managing finances – revised 16.3.17]
• Meetings [15 trustee qns – revised 16.3.17]
• CC20 [fundraising duties – revised 7.6.16]
• CC38 [charities and litigation - new 3.8.16]
• Going digital [12 questions– new 5.10.16]
• “A jewel beyond price”
Francis Clark 2017
Charity Seminar
James Evans and Richard King
pkf-francisclark.co.uk
VAT Update
Kathryn Jenkins May 2017
Agenda
• Are activities business or non-business?
• Grants v services
• Trading subsidiaries
• Fundraising events
• Printed matter
pkf-francisclark.co.uk
pkf-francisclark.co.ukpkf-francisclark.co.uk
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Are activities business or non-business?
• Why does it matter?
Non-business
ZR on certain
new buildings
Business
May need to
register for VAT
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Are activities business or non-business?
• UK VAT legislation ‘business’ includes any trade,
profession or vocation
• EU legislations refers to ‘economic activity’
• Fisher case set out 6 tests
• 2016 cases have cast doubt on the tests
• Healthwatch Hampshire case
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Grant
No supply
for VAT
purposes
Freely given
Service
Contract for
a service
Deliverables
and
obligations
Grant v Service
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Grants v services
• Grants v contract for services – questions to ask
• Does the donor receive anything in return?
• Or does a third party receive anything in return?
• Are any conditions attached to the funding?
• If the answers to the above are ‘yes’ it is very likely
that there is a contract for services
• If the services are taxable the charity will be able to
recover VAT on associated expenditure
pkf-francisclark.co.ukpkf-francisclark.co.uk
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Grants v services
• Recommendation – Consider VAT at the outset,
review contracts and ensure that VAT is covered. If
you are not sure whether there is a contract for
services ensure that VAT can be charged
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Separate entity for VAT
registration purposes
Consider forming VAT group
In certain situations better not
to have a VAT group
Trading subsidiaries
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Trading subsidiaries
Income
• Zero-rating donated goods
• Zero-rating export of goods
• Fund raising exemption
• Reliefs for expenditure only apply to charities
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Fundraising events
Organised by a charity or
jointly by more than one charity
Primary purpose raising of
money
Promoted as being primarily
for raising money
pkf-francisclark.co.uk
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Fundraising events
What type of events are covered?
• Ball
• Performance
• Fete
• Festival
• Exhibition
• Sporting performance
• Virtual events
• Sponsored event
• Auction bought in goods
• Fireworks display
• Horticultural show
• Film
• Jumble sale
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Fundraising events
No recovery of
input VAT on
exempt event
15 events at 1
location per year
Sponsored
participation
events
Zero-rating
applies to
qualifying
goods
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Printed matter
• In August 2015 HMRC clarified their view of direct
marketing services using printed matter
• Effect has been to restrict zero-rating of certain delivered
printed matter
• Not all suppliers aware of the changed view
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Printed matter
• Mixture of standard and zero-rated items – apply normal
VAT treatment; or
• Package test – if more zero than standard rated items,
whole package is zero-rated. Must be intended to be
used together
• Package test can only be used if all items are printed on
card or paper
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Printed matter
Special rules for charities
• Zero-rating for goods used for collecting monetary
donations
• Zero-rating for certain letters appealing for donations
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BREAK
Lucinda Coleman May 2017
Insolvency issues
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PKF Francis Clark Business Recovery
• Introduction
• Case study
• What is insolvency
• Trustees’ responsibilities
• Practical tips
pkf-francisclark.co.uk
• 10 Trustees
• Charity in existence 20 years
• Providing training for disadvantaged people
Case Study
pkf-francisclark.co.uk
• Deficit for 2 years
• Eroding reserves
• Liquidation of trading subsidiary
• Onerous contract
• Reduced funding
Case Study
pkf-francisclark.co.uk
• Options
• Secure additional funding
• Merger with similar charity
• Formal insolvency
Case Study
pkf-francisclark.co.uk
Consequences of Insolvency
• Unincorporated charities
• No separate legal entity
• Liabilities of the charity are personal liabilities of
trustees
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Consequences of Insolvency
• Incorporated charities
• Companies limited by guarantee
• Charitable Incorporated Organisations
• Companies Act 2006
• Limited liability (but…)
• Insolvency Act procedures
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• Charity in Administration
• Insolvency Practitioner appointed
• Administrator has absolute authority
• Duty to investigate;
• Disqualification
• Compensation
Case Study
pkf-francisclark.co.uk
• Board of Trustees
• Breath of skills and experience
• Size appropriate to the charity
• Must work as team
• Capacity to invest time
Practical Tips
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• Management Accounts
• Role of finance team & trustees
• Income and expenditure/Balance Sheet
• Reconciliations
• Comprehend and react
Practical Tips
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Recognising Insolvency
• Insolvency Act definition;
• unable to pay debts as they fall due
• assets exceeded by liabilities
pkf-francisclark.co.uk
Duty to do everything in
their power to minimise the
loss to creditors
Trustees’ Responsibility
pkf-francisclark.co.uk
• Cash flow forecasts
• Identify and manage shortfalls
• Challenge underlying assumptions
• Continually monitor and update
Practical Tips
pkf-francisclark.co.uk
• Reserves policy
• Built into cash flow forecasts
• Specific to charity’s needs
• ‘What if’ analysis
Practical Tips
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• Customer Deposits
• Not used for working capital
• Paid into separate bank account
Practical Tips
pkf-francisclark.co.uk
• Board meetings
• As often as necessary
• Agenda and reports circulated in good time
• Comprehensive minutes – why decisions made were in the
interest of creditors
Practical Tips
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• Resignation of Trustees
• Does not prevent action by Insolvency Practitioner
• May be appropriate in certain circumstances
Practical Tips
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• Successful transfer of charitable activities
• Continuity of courses
• Transfer of some employees
Back to the case study
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• Charity Commission investigation
• Insolvency Practitioner investigation
Back to the case study
pkf-francisclark.co.uk
• Unusual for action to be taken against trustees
• Must demonstrate steps taken to minimise loss to
creditors
• Seek early advice from a Licensed Insolvency
Practitioner
Conclusion
(c) copyright PKF Francis Clark, 2016
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circulate either within your business or for public or commercial purposes any of (or any part of) these materials and / or any services provided by PKF Francis
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To the maximum extent permitted by applicable law PKF Francis Clark excludes all representations, warranties and conditions (including, without limitation,
the conditions implied by law) in respect of these materials and /or any services provided by PKF Francis Clark.
These materials and /or any services provided by PKF Francis Clark are designed solely for the benefit of delegates of PKF Francis Clark.
The content of these materials and / or any services provided by PKF Francis Clark does not constitute advice and whilst PKF Francis Clark endeavours to
ensure that the materials and / or any services provided by PKF Francis Clark are correct, we do not warrant the completeness or accuracy of the materials
and /or any services provided by PKF Francis Clark; nor do we commit to ensuring that these materials and / or any services provided by PKF Francis Clark
are up-to-date or error or omission-free.
Where indicated, these materials are subject to Crown copyright protection. Re-use of any such Crown copyright-protected material is subject to current law
and related regulations on the re-use of Crown copyright extracts in England and Wales.
These materials and / or any services provided by PKF Francis Clark are subject to our terms and conditions of business as amended from time to time, a
copy of which is available on request.
Our liability is limited and to the maximum extent permitted under applicable law PKF Francis Clark will not be liable for any direct, indirect or consequential
loss or damage arising in connection with these materials and / or any services provided by PKF Francis Clark, whether arising in tort, contract, or otherwise,
including, without limitation, any loss of profit, contracts, business, goodwill, data, income or revenue. Please note however, that our liability for fraud, for
death or personal injury caused by our negligence, or for any other liability is not excluded or limited.
PKF Francis Clark is a trading name of Francis Clark LLP. Francis Clark LLP is a limited liability partnership, registered in England and Wales with registered
number OC349116. The registered office is Sigma House, Oak View Close, Edginswell Park, Torquay TQ2 7FF where a list of members is available for
inspection and at www.pkf-francisclark.co.uk. The term ‘Partner’ is used to refer to a member of Francis Clark LLP or to an employee. Registered to carry on
audit work in the UK and Ireland, regulated for a range of investment business activities and licensed to carry out reserved legal activity of non-contentious
probate in England and Wales by the Institute of Chartered Accountants in England and Wales. Partners acting as insolvency practitioners are licensed in the
UK by the Institute of Chartered Accountants in England and Wales. A partner appointed as Administrator or Administrative Receiver acts only as agent of the
insolvent entity and without personal liability. Francis Clark LLP is a member firm of the PKF International Limited network of legally independent firms and
does not accept responsibility or liability for the actions or inactions on the part of any other individual member firm or firms.
Disclaimer & copyright
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pkf-francisclark.co.uk
Pensions update & Financial Policy
Peter Nyland
pkf-francisclark.co.uk
Agenda
• Auto-enrolment update
• Why have a Financial Policy Statement?
• How do I create one?
• How to implement it
fcfp.co.uk
pkf-francisclark.co.uk
Pensions Update
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Pensions Update
Auto-enrolment
• Triennial review approaching
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Pensions Update
Auto-enrolment
• Opportunity to review existing scheme
• Market has matured – is your scheme fit for purpose?
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Financial Policy Statement
pkf-francisclark.co.uk
Financial Policy Statement
Why have one?
• “We don’t have any money!”
• This may be so, but……..
• Your chance to reflect the ethos of the charity
• Provides clarity
• Regulatory Reasons
pkf-francisclark.co.uk
Financial Policy Statement
Charity Ethos
• How the charity approaches fiscal management
• Specific requirements?
• Conflicts of purpose?
• Wider issues of ‘ethical’ investments/deposits
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Financial Policy Statement
Clarity
• Internally, everyone knows what is expected
• And what their responsibilities are
• What happens if…….?
pkf-francisclark.co.uk
Financial Policy Statement
Regulation
• Charity commission wish to know you have one
• Helpful process to define investment objectives and provides a
framework for future investment decisions
• Legal requirement under Trustee Act 2000 if Trustees delegate
their asset management function (eg to Discretionary Fund
Manager).
• Trustees’ annual report should outline any investment policies
adopted
pkf-francisclark.co.uk
How do I create one?
pkf-francisclark.co.uk
How do I create one?
Advice
• The process cannot be delegated to a potential
deposit-taker/investment manager
• But why would you?
• “Because we’re charity experts, not financial experts”
• The statement can be discussed with other relevant
parties;
• Including advisors……
• Can be an iterative process
pkf-francisclark.co.uk
Financial Policy Statement
• Charity introductory information; The ethos and identity
• Cash requirements / Deposit-takers’ security / Timing & liquidity
• Property/Land
As regards investments……:
• Scope of investment powers (must be included with DFM)
• Investment objectives
• Attitude to risk
• Ethical position
• Benchmarks and targets
• Frequency of reviews
• Jurisdiction
Content
pkf-francisclark.co.uk
pkf-francisclark.co.uk
How to implement it
pkf-francisclark.co.uk
How do I implement it?
• Appoint a dedicated committee?
• Identify who will be responsible for the detail
• Are the relevant skills held in-house, or is advice
needed?
Reminder………
pkf-francisclark.co.uk
How do I implement it?
Trustees Act 2000
States that Trustees must obtain and consider proper advice from a
person reasonably qualified, by ability in and practical experience of
financial etc matters re proposed investment, when:
• Exercising power of investment
• Reviewing the investments
Except where the Trustees reasonably conclude that in all
the circumstances it is unnecessary or inappropriate
pkf-francisclark.co.uk
pkf-francisclark.co.uk
How do I implement it?
• Picking a home; a process in itself
• Deposit-takers;
FSCS limits
Duration/Term
Credit rating
And once you’ve done that, the rates change!
pkf-francisclark.co.uk
How do I implement it?
• Picking a home; a process in itself
• Investments/investment managers
“Trustees must know, and act within, their charity’s powers to
invest.
As part of their duty of care, the trustees must be satisfied that
the overall level of risk they are taking is right for their charity
and its beneficiaries”
pkf-francisclark.co.uk
How do I implement it?
Investments/investment managers
• Risk assessment – how does this map to a portfolio?
• Diversification – a legal requirement
• Objectives
• Which manager?
• “beauty parade” – due diligence
Review Performance and Policy
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No responsibility can be accepted for any action taken as a result of information contained in this presentation. We therefore strongly
recommend that no action should be taken before obtaining detailed professional advice.
Past performance is not a guide to future returns and the value of investments and income from them may go down as well as up and an
investor may not get back the amount invested.
PKF Francis Clark Financial planning and wealth management is a trading name of Francis Clark Financial Planning Ltd which is authorised
and regulated by the Financial Conduct Authority. Registered Office: Sigma House, Oak View Close, Edginswell Park, Torquay TQ2 7FF.
Registered in England No. 05413603.
Francis Clark Financial Planning Ltd is a member firm of the PKF International Limited network of legally independent firms and does not
accept responsibility or liability for the actions or inactions on the part of any other individual member firm or firms.
Exeter | New Forest | Plymouth | Poole | Salisbury | Taunton | Torquay | Truro
Disclaimer & copyright
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PKF FRANCISCLARK
Charity Seminar
Fundraising Focus
Colin Kemp
Associate, Think Consulting Solutions
Media Storm
“Charity trustees and managers have too often been absent
from discussions on fundraising practice or values.”
[This was] “a failure of trustees to recognise that their primary
role is governance […] their overriding role is to sustain the
mission and values of their charitable organisation. […] In this
role they failed.”
“Stronger regulation is no substitute for the required change of
attitudes and behaviour from trustees.”
Etherington & PACAC
CC20
Trustees should:
• Hold people they delegate to
to account for their role.
• Have access to the right
information – and have the
skills to critically interpret &
question.
• Be assured they are
compliant with rules and
regulations
Plan effectively:
• How much is needed and when?
• Why is it needed?
• How will it be raised?
• Risks and mitigation
• How it reflects your values
• Monitor
CC20 Principle 1
Supervise your fundraisers:
• Think about governance vs executive
• Clearly document delegation
• Internal, trading subsidiaries, third parties and
volunteers
• Clear reporting expectations
• Good external contracts. Cf Code FR Practice
CC20 Principle 2
Protect reputation, money & other assets
• Reputational risk if FR goes wrong
• Be able to justify fundraising costs
• Care over money from events, volunteers etc
• Careful of fraud or money laundering
• Look out for unauthorised fundraising
CC20 Principle 3
Follow fundraising laws & regulations
• Data protection
• Advertising
• Solicitation statements
• Street collections, raffles and lotteries
• Accounts preparation and statements (NB
Charities (Investment & Social Investment) Act
2016
CC20 Principle 4
Follow the recognised standards for FR
• Fundraising Regulator & Codes of FR practice
• Key policies: acceptance / refusal of donations;
Vulnerable People; Complaints
• 20 x Codes, 28 docs of Supporting Guidance
CC20 Principle 5
Be open and accountable
• Strong accounting & see Charities Act 2016
• Complaints: clear procedures, timely.
• Clear appeals and transparency over use of funds
CC20 Principle 6
• High standards – and compliance with the
law
• Clear honest and open about what we raise
and what we do with it
• Respectful about rights and privacy, about
not applying inappropriate pressure to give
• Being fair and reasonable
• Accountable and responsible
Fundraising Regulator: Fundraising Promise
Designed to help people:
• Easily stop all specific channel or all direct
marketing communications from specific charities.
• Web based, but telephone service available
• Charity receives notification to access portal for
details of suppression request.
• £100k+ FR spend : charity auto-registered
• Smaller charities will be set up on first FPS request
from the public.
Fundraising Preference Service
SECTIONS OF THE CODE
Each section of the Code is
detailed below:
1.0 Key principles and
behaviours
2.0 Working with Volunteers
3.0 Working with Children
4.0 Working with Third Parties
5.0 Fundraising
Communications and
Techniques
6.0 Direct Marketing
7.0 Reciprocal Mailing
8.0 Telephone
9.0 Digital Media
129
10.0 Trusts
11.0 Major Donors
12.0 Corporate
Partnerships
13.0 Raffles and Lotteries
14.0 Fundraising through
Payroll Giving
15.0 Events
16.0 Public Collections
17.0 Static Collections
18.0 Legacies
19.0 Payment of
Fundraisers
20.0 Handling Donations
Consent:
• Consent vs legitimate interest?
• Consider unbundling types of communication
for consent
• Consent renewal?
• Consider: legal rights / donor reasonable
expectations / charity legitimate interest
• Work on Privacy statements.
• Use Privacy Impact Assessment thinking.
ICO & GDPR
Governance & Fundraising Strategy
“There are 180,000 people who cannot leave their
homes because they are blind or visually impaired.
The purpose of this meeting is to solve that problem.”
Sir John Stewart, former Chair of Trustees at Guide Dogs
… at his first Board meeting.
Mission
Values
Organisational Strategy
Mission
Values
Organisational
Strategy
Fundraising Framework
Delegation & Accountability
Fundraising Strategy
Compliance & Confidence
Fundraising
Framework
Delegation &
Accountability
Fundraising
Strategy
Compliance &
Confidence
Fundraising Campaigns
Plan & Budget
Creative Brief
Concepts & Execution
Selections & Media
Fulfilment & Follow up
Review & Learn
Mission
Values
Organisational
Strategy
Fundraising
Campaigns
Plan/Budget
Creative Brief
Execution
Selections &
Media
Fulfil/Follow up
Review & Learn
Mission
Values
Organisational
Strategy
Fundraising
Framework
Delegation &
Accountability
Fundraising
Strategy
Compliance &
Confidence
For further information or to explore how we can help you build your trustees fundraising
governance expertise, contact:
Think Consulting Solutions
Michelle Chambers – michelle@thinkcs.org
Samantha Dixon – samanthadixon@thinkcs.org
Colin Kemp - colinkemp@thinkcs.org
Telephone number: 01280 824297
Contact details
Chairman’s Close and Any Questions

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Bovington - Charity Seminar 2017

  • 4. pkf-francisclark.co.uk Staff update – newly appointed Partners Holly Bedford became Tax Partner on 1 December 2016 • Corporate and personal taxation expert • Leads the tax team in the Plymouth office • Previously with Arthur Anderson in Chicago and EY in London and Edinburgh Lucinda Coleman became Business Recovery Partner on 1 April 2017 • Licenced insolvency practitioner and Company Voluntary Arrangements expert • Joined PKF Francis Clark as a graduate trainee in 2003
  • 5. pkf-francisclark.co.uk Staff update – newly appointed Partners Jason Mitchell will become Partner on 1 August 2017 • Specialises in providing accountancy and advisory services to the legal sector • SRA Accounts Rules expert • Provides a wide range of accountancy services to SMEs across the region
  • 6. pkf-francisclark.co.uk Staff update – newly promoted Directors, 1 April 2017 Liam Dushynsky, VAT Director, Exeter Adam Kefford Corporate Tax Director, Exeter Katie Skea, Director, Plymouth Ian Pring, Tax Director, Plymouth Chris Watts, Tax Director, Torquay (FCTC) Jemima Fox, Tax Director, Plymouth Justin Gliddon, Director, Plymouth (1/10/16) Frances Kingsnorth, Director, Salisbury
  • 7. pkf-francisclark.co.uk James Barratt, Director, Plymouth Daniel Sladen, Tax Director, Truro Lisa Macpherson, Tax Director & Head of Tax Technical, Poole Martin Brown, Tax Director, Taunton (FCTC) Staff update – newly promoted Directors, 1 April 2017
  • 8. Programme Financial Reporting review – Mike Bath Legal landscape – James Evans & Richard King VAT view – Kathryn Jenkins BREAK Insolvency awareness – Lucinda Coleman Investment ideas – Peter Nyland Fundraising focus – Colin Kemp LUNCH pkf-francisclark.co.uk
  • 9. Topical issues in financial reporting Mike Bath
  • 10. In this session Topical and practical issues • Common Reporting Standard • Charities and trading subsidiaries • What’s the story? Topical tips for the trustees’ report pkf-francisclark.co.uk
  • 12. pkf-francisclark.co.uk • New automatic exchange of information (AEoI) regime affecting some charities • Will require annual provision of information to HMRC • Internal recordkeeping obligations to support return • First annual submissions by 31 May 2017 Common Reporting Standard (CRS)
  • 13. pkf-francisclark.co.uk Do you have: • >50% charity income from investments and/ or trading in financial assets and • Funds managed by an investment manager with discretionary management powers If Yes to both = “Financial Institution” and CRS applies Does CRS apply to you?
  • 14. pkf-francisclark.co.uk • Report requirements if charity has “financial accounts” • “Financial accounts” • Incorporated charity – loans from directors or “shareholders” • Unincorporated charity or charitable trust – settlors, grantees and lenders • Due diligence to identify FA holders, including tax residency • Financial accounts in specified tax jurisdictions report to HMRC via AEoI Online Service Implications of being FI
  • 15. pkf-francisclark.co.uk • Establish whether CRS applies • Identify relevant financial account holders in year to 31 December 2016 • Obtain due diligence information, especially tax residency • Report any non UK tax resident holders to HMRC Action now?
  • 18. pkf-francisclark.co.uk • Good use of charity funds - must make proper investment decision • Sufficient to provide necessary working capital? Share capital • Expectation of repayment? • Third parties may require additional security • Servicing will impact on cash for gift aid Loans Funding issues
  • 19. pkf-francisclark.co.uk • Separate legal entities and separate responsibilities • Potential for conflicts of interest Governance • Must be on arms’ length basis • Supply agreements, licences, SLAs Intra group dealings • Use of gift aid • Beware distribution rules Extracting profit The right relationship
  • 20. pkf-francisclark.co.uk • Trading subsidiary accounts • Not the SORP • Reporting and filing requirements • Charity group – consolidated accounts? • Audit implications • Differing thresholds for charities and trading companies • Practical implications for consolidated accounts Additional regulatory cost
  • 21. What’s the story? Topical tips for the trustees’ report
  • 22. pkf-francisclark.co.uk • Revised order under SORP 2015 • Clarity in objectives and activitiesStructure • Key interest for donors – links to trust • Both immediate and longer term, beneficiaries and wider society Impact statements • Regard to CC public benefit guidance • Demonstrates familiarity with duties Compliance statement Tell your story: the basics
  • 23. pkf-francisclark.co.uk • Income without cash – managing expectations • Recognition of legacies when “probable” • Contingencies for claw back claims • Planning for the future • Using reserve designations to explain why funds are held • Cash flow forecasts and projects Explaining the cash
  • 24. pkf-francisclark.co.uk • Dependence on funding sources • Discuss strategies for maintaining or replacing • Requirement for disclosure • Uncertainties impacting operation • Plans and actions • Risks and uncertainties • Different under SORP 2015 • Principal matters “Bumps on the road”
  • 25. pkf-francisclark.co.uk Planning Words, figures, graphics Consistency and transparency Time to review Getting it right
  • 26. pkf-francisclark.co.uk House of Lords Select Committee Report • “Good Governance: A code for the voluntary and community sector” • Regular skills audits • Consider digital trustee role • Payment to trustees “highly exceptional” • Explain and justify in trustees’ report Anything else….?
  • 27. PKF Francis Clark 2017 Charity Seminar James Evans and Richard King
  • 28. Introduction Data Protection changes Trading Subsidiaries – getting it right Trustee payment update General Round-up
  • 29.
  • 30.
  • 31. Data Protection Changes ─ Tougher ICO enforcement regime already happening ─ GDPR in force 25 May 2018 – Brexit or no Brexit • Will make compliance tougher • Even bigger penalties for getting it wrong ─ Further guidance from ICO and FR to come
  • 32. Data Protection Changes Core themes of existing DP rules continue but …….. ─ Tougher sanctions • €20m or 4% of turnover, whichever is greater ─ Higher bar for lawful processing • Consent harder to obtain and harder to rely on ─ Mandatory notification of data breaches to ICO • Within 72 hours of becoming aware
  • 33. Data Protection Changes • More rights for individuals – Including right to be ‘forgotten’ – Shorter response time for SARs • Greater accountability and governance – Systems and processes must demonstrate DP by “design and default” – Advisable to appoint specific DP officer
  • 34. Data Protection Changes So what do charities need to do? ─ Identify a DP compliance lead within the charity- and support them! • Do you have an incident response plan and a team in place
  • 35. Data Protection Changes • Review and map the personal data your charity holds and uses, and why – And are those individuals aware of what you do with their data? • Do you share data with third parties? • Where are the biggest risk areas?
  • 36. Data Protection Changes • Review DP policies/procedures and systems, external privacy notices and consent wording in line with GDPR – Do they comply? – What changes needed to cater for new individual rights? • Staff training and awareness • Test it!
  • 37. Data Protection Changes Further reading: ICO 12 steps to take now https://ico.org.uk/media/1624219/preparing-for-the-gdpr- 12-steps.pdf Fundraising Regulator guidance https://www.fundraisingregulator.org.uk/2017/02/21/fundrai sing-regulator-releases-consent-data-guidance/ IoF guidance http://www.institute-of-fundraising.org.uk/library/gdpr-the-essentials-for- fundraising-organisations/
  • 40. Trading subsidiaries • Tax or ring-fencing • Shares, CIC or CLG? • Control by sole member (PSC register) • Not ‘off-the-shelf’! • Conflicts of interest • Exploitation/licence • MOU?
  • 42. Trustee Payment • Can we offer payment to a chair of trustees to aid recruitment? • Can we employ a trustee as a part time CEO whilst they remain a trustee? • Can we engage a trustee to provide professional services to the charity as an interim measure whilst we recruit a permanent member of staff?
  • 43. Trustee Payment ─ Voluntary principle remains and unlikely to change soon ─ Payment (including indirect) needs express authority from governing document or Charity Commission consent • See CC11 guidance
  • 44. Trustee Payment • Charities Act 2011 includes a statutory power to pay trustees other than as trustee • Older governing documents may need amending first- CC consent needed
  • 45. Trustee Payment When will Charity Commission give their consent? ─ Strong and exceptional case needs to be made showing why in charity’s best interests. ─ Normally only where charity’s complexity of operation means unusually high burden of trusteeship. ─ CC will not be swayed by payment arrangements negotiated by other charities.
  • 46. Trustee Payment Need to explain: ─ What steps taken to recruit trustees without payment? ─ The advantages in paying a trustee rather than other alternatives. ─ Payment is reasonable and affordable, and will not affect ability to carry out objects. ─ Risks identified and how you will manage them, and how conflicts of interest will be managed. ─ How unpaid trustees will be able to review performance and, if necessary, bring payments to an end.
  • 47. Can we offer payment to a chair of trustees to aid recruitment? • CC consent needed if not permitted by governing document- unlikely unless complex?
  • 48. Can we employ a trustee as a part time CEO whilst they remain a trustee? • not without CC consent, but CC has said yes after a case was made.
  • 49. Can we engage a trustee to provide professional services to the charity as an interim measure whilst we recruit a permanent member of staff? • yes – use the statutory power under Charities Act 2011
  • 50. And, in other news,…
  • 51. New CC powers/edicts • Warnings – see CC Q&A • Reputational risk • Other regulatory powers • Charges? • Key ideas from Select Cmtee
  • 53. Campaigns and elections  ‘Political’ campaigns  ‘Lobbying’ Act 2014  Issue-based campaigns  Register with Electoral Comm.?  CC9 - ‘Speaking Out’?
  • 55. Lessons from Ilott case • Right to choose who inherits • Spouse/CP has greater claim • Charities need not prove claim • Complex, expensive litigation • Risk (and reputation)
  • 56. Further CC information • CC14 [investments – revised 1.8.16] • CC15d [charity accounting – new 1.11.16] • CC25 [managing finances – revised 16.3.17] • Meetings [15 trustee qns – revised 16.3.17] • CC20 [fundraising duties – revised 7.6.16] • CC38 [charities and litigation - new 3.8.16] • Going digital [12 questions– new 5.10.16] • “A jewel beyond price”
  • 57. Francis Clark 2017 Charity Seminar James Evans and Richard King
  • 59. Agenda • Are activities business or non-business? • Grants v services • Trading subsidiaries • Fundraising events • Printed matter pkf-francisclark.co.uk
  • 60. pkf-francisclark.co.ukpkf-francisclark.co.uk . Are activities business or non-business? • Why does it matter? Non-business ZR on certain new buildings Business May need to register for VAT
  • 61. pkf-francisclark.co.ukpkf-francisclark.co.uk . Are activities business or non-business? • UK VAT legislation ‘business’ includes any trade, profession or vocation • EU legislations refers to ‘economic activity’ • Fisher case set out 6 tests • 2016 cases have cast doubt on the tests • Healthwatch Hampshire case
  • 62. pkf-francisclark.co.ukpkf-francisclark.co.uk Grant No supply for VAT purposes Freely given Service Contract for a service Deliverables and obligations Grant v Service
  • 63. pkf-francisclark.co.ukpkf-francisclark.co.uk . Grants v services • Grants v contract for services – questions to ask • Does the donor receive anything in return? • Or does a third party receive anything in return? • Are any conditions attached to the funding? • If the answers to the above are ‘yes’ it is very likely that there is a contract for services • If the services are taxable the charity will be able to recover VAT on associated expenditure
  • 64. pkf-francisclark.co.ukpkf-francisclark.co.uk . Grants v services • Recommendation – Consider VAT at the outset, review contracts and ensure that VAT is covered. If you are not sure whether there is a contract for services ensure that VAT can be charged
  • 65. pkf-francisclark.co.ukpkf-francisclark.co.uk Separate entity for VAT registration purposes Consider forming VAT group In certain situations better not to have a VAT group Trading subsidiaries
  • 66. pkf-francisclark.co.ukpkf-francisclark.co.uk Trading subsidiaries Income • Zero-rating donated goods • Zero-rating export of goods • Fund raising exemption • Reliefs for expenditure only apply to charities
  • 67. pkf-francisclark.co.ukpkf-francisclark.co.uk . Fundraising events Organised by a charity or jointly by more than one charity Primary purpose raising of money Promoted as being primarily for raising money
  • 68. pkf-francisclark.co.uk . Fundraising events What type of events are covered? • Ball • Performance • Fete • Festival • Exhibition • Sporting performance • Virtual events • Sponsored event • Auction bought in goods • Fireworks display • Horticultural show • Film • Jumble sale
  • 69. pkf-francisclark.co.ukpkf-francisclark.co.uk Fundraising events No recovery of input VAT on exempt event 15 events at 1 location per year Sponsored participation events Zero-rating applies to qualifying goods
  • 70. pkf-francisclark.co.ukpkf-francisclark.co.uk . Printed matter • In August 2015 HMRC clarified their view of direct marketing services using printed matter • Effect has been to restrict zero-rating of certain delivered printed matter • Not all suppliers aware of the changed view
  • 71. pkf-francisclark.co.ukpkf-francisclark.co.uk . Printed matter • Mixture of standard and zero-rated items – apply normal VAT treatment; or • Package test – if more zero than standard rated items, whole package is zero-rated. Must be intended to be used together • Package test can only be used if all items are printed on card or paper
  • 72. pkf-francisclark.co.ukpkf-francisclark.co.uk . Printed matter Special rules for charities • Zero-rating for goods used for collecting monetary donations • Zero-rating for certain letters appealing for donations
  • 74. Lucinda Coleman May 2017 Insolvency issues
  • 75. pkf-francisclark.co.uk PKF Francis Clark Business Recovery • Introduction • Case study • What is insolvency • Trustees’ responsibilities • Practical tips
  • 76. pkf-francisclark.co.uk • 10 Trustees • Charity in existence 20 years • Providing training for disadvantaged people Case Study
  • 77. pkf-francisclark.co.uk • Deficit for 2 years • Eroding reserves • Liquidation of trading subsidiary • Onerous contract • Reduced funding Case Study
  • 78. pkf-francisclark.co.uk • Options • Secure additional funding • Merger with similar charity • Formal insolvency Case Study
  • 79. pkf-francisclark.co.uk Consequences of Insolvency • Unincorporated charities • No separate legal entity • Liabilities of the charity are personal liabilities of trustees
  • 80. pkf-francisclark.co.uk Consequences of Insolvency • Incorporated charities • Companies limited by guarantee • Charitable Incorporated Organisations • Companies Act 2006 • Limited liability (but…) • Insolvency Act procedures
  • 81. pkf-francisclark.co.uk • Charity in Administration • Insolvency Practitioner appointed • Administrator has absolute authority • Duty to investigate; • Disqualification • Compensation Case Study
  • 82. pkf-francisclark.co.uk • Board of Trustees • Breath of skills and experience • Size appropriate to the charity • Must work as team • Capacity to invest time Practical Tips
  • 83. pkf-francisclark.co.uk • Management Accounts • Role of finance team & trustees • Income and expenditure/Balance Sheet • Reconciliations • Comprehend and react Practical Tips
  • 84. pkf-francisclark.co.uk Recognising Insolvency • Insolvency Act definition; • unable to pay debts as they fall due • assets exceeded by liabilities
  • 85. pkf-francisclark.co.uk Duty to do everything in their power to minimise the loss to creditors Trustees’ Responsibility
  • 86. pkf-francisclark.co.uk • Cash flow forecasts • Identify and manage shortfalls • Challenge underlying assumptions • Continually monitor and update Practical Tips
  • 87. pkf-francisclark.co.uk • Reserves policy • Built into cash flow forecasts • Specific to charity’s needs • ‘What if’ analysis Practical Tips
  • 88. pkf-francisclark.co.uk • Customer Deposits • Not used for working capital • Paid into separate bank account Practical Tips
  • 89. pkf-francisclark.co.uk • Board meetings • As often as necessary • Agenda and reports circulated in good time • Comprehensive minutes – why decisions made were in the interest of creditors Practical Tips
  • 90. pkf-francisclark.co.uk • Resignation of Trustees • Does not prevent action by Insolvency Practitioner • May be appropriate in certain circumstances Practical Tips
  • 91. pkf-francisclark.co.uk • Successful transfer of charitable activities • Continuity of courses • Transfer of some employees Back to the case study
  • 92. pkf-francisclark.co.uk • Charity Commission investigation • Insolvency Practitioner investigation Back to the case study
  • 93. pkf-francisclark.co.uk • Unusual for action to be taken against trustees • Must demonstrate steps taken to minimise loss to creditors • Seek early advice from a Licensed Insolvency Practitioner Conclusion
  • 94. (c) copyright PKF Francis Clark, 2016 You shall not copy, make available, retransmit, reproduce, sell, disseminate, separate, licence, distribute, store electronically, publish, broadcast or otherwise circulate either within your business or for public or commercial purposes any of (or any part of) these materials and / or any services provided by PKF Francis Clark in any format whatsoever unless you have obtained prior written consent from PKF Francis Clark to do so and entered into a licence. To the maximum extent permitted by applicable law PKF Francis Clark excludes all representations, warranties and conditions (including, without limitation, the conditions implied by law) in respect of these materials and /or any services provided by PKF Francis Clark. These materials and /or any services provided by PKF Francis Clark are designed solely for the benefit of delegates of PKF Francis Clark. The content of these materials and / or any services provided by PKF Francis Clark does not constitute advice and whilst PKF Francis Clark endeavours to ensure that the materials and / or any services provided by PKF Francis Clark are correct, we do not warrant the completeness or accuracy of the materials and /or any services provided by PKF Francis Clark; nor do we commit to ensuring that these materials and / or any services provided by PKF Francis Clark are up-to-date or error or omission-free. Where indicated, these materials are subject to Crown copyright protection. Re-use of any such Crown copyright-protected material is subject to current law and related regulations on the re-use of Crown copyright extracts in England and Wales. These materials and / or any services provided by PKF Francis Clark are subject to our terms and conditions of business as amended from time to time, a copy of which is available on request. Our liability is limited and to the maximum extent permitted under applicable law PKF Francis Clark will not be liable for any direct, indirect or consequential loss or damage arising in connection with these materials and / or any services provided by PKF Francis Clark, whether arising in tort, contract, or otherwise, including, without limitation, any loss of profit, contracts, business, goodwill, data, income or revenue. Please note however, that our liability for fraud, for death or personal injury caused by our negligence, or for any other liability is not excluded or limited. PKF Francis Clark is a trading name of Francis Clark LLP. Francis Clark LLP is a limited liability partnership, registered in England and Wales with registered number OC349116. The registered office is Sigma House, Oak View Close, Edginswell Park, Torquay TQ2 7FF where a list of members is available for inspection and at www.pkf-francisclark.co.uk. The term ‘Partner’ is used to refer to a member of Francis Clark LLP or to an employee. Registered to carry on audit work in the UK and Ireland, regulated for a range of investment business activities and licensed to carry out reserved legal activity of non-contentious probate in England and Wales by the Institute of Chartered Accountants in England and Wales. Partners acting as insolvency practitioners are licensed in the UK by the Institute of Chartered Accountants in England and Wales. A partner appointed as Administrator or Administrative Receiver acts only as agent of the insolvent entity and without personal liability. Francis Clark LLP is a member firm of the PKF International Limited network of legally independent firms and does not accept responsibility or liability for the actions or inactions on the part of any other individual member firm or firms. Disclaimer & copyright pkf-francisclark.co.uk
  • 95. pkf-francisclark.co.uk Pensions update & Financial Policy Peter Nyland
  • 96. pkf-francisclark.co.uk Agenda • Auto-enrolment update • Why have a Financial Policy Statement? • How do I create one? • How to implement it fcfp.co.uk
  • 99. pkf-francisclark.co.uk Pensions Update Auto-enrolment • Opportunity to review existing scheme • Market has matured – is your scheme fit for purpose?
  • 101. pkf-francisclark.co.uk Financial Policy Statement Why have one? • “We don’t have any money!” • This may be so, but…….. • Your chance to reflect the ethos of the charity • Provides clarity • Regulatory Reasons
  • 102. pkf-francisclark.co.uk Financial Policy Statement Charity Ethos • How the charity approaches fiscal management • Specific requirements? • Conflicts of purpose? • Wider issues of ‘ethical’ investments/deposits
  • 103. pkf-francisclark.co.uk Financial Policy Statement Clarity • Internally, everyone knows what is expected • And what their responsibilities are • What happens if…….?
  • 104. pkf-francisclark.co.uk Financial Policy Statement Regulation • Charity commission wish to know you have one • Helpful process to define investment objectives and provides a framework for future investment decisions • Legal requirement under Trustee Act 2000 if Trustees delegate their asset management function (eg to Discretionary Fund Manager). • Trustees’ annual report should outline any investment policies adopted
  • 106. pkf-francisclark.co.uk How do I create one? Advice • The process cannot be delegated to a potential deposit-taker/investment manager • But why would you? • “Because we’re charity experts, not financial experts” • The statement can be discussed with other relevant parties; • Including advisors…… • Can be an iterative process
  • 107. pkf-francisclark.co.uk Financial Policy Statement • Charity introductory information; The ethos and identity • Cash requirements / Deposit-takers’ security / Timing & liquidity • Property/Land As regards investments……: • Scope of investment powers (must be included with DFM) • Investment objectives • Attitude to risk • Ethical position • Benchmarks and targets • Frequency of reviews • Jurisdiction Content pkf-francisclark.co.uk
  • 109. pkf-francisclark.co.uk How do I implement it? • Appoint a dedicated committee? • Identify who will be responsible for the detail • Are the relevant skills held in-house, or is advice needed? Reminder………
  • 110. pkf-francisclark.co.uk How do I implement it? Trustees Act 2000 States that Trustees must obtain and consider proper advice from a person reasonably qualified, by ability in and practical experience of financial etc matters re proposed investment, when: • Exercising power of investment • Reviewing the investments Except where the Trustees reasonably conclude that in all the circumstances it is unnecessary or inappropriate pkf-francisclark.co.uk
  • 111. pkf-francisclark.co.uk How do I implement it? • Picking a home; a process in itself • Deposit-takers; FSCS limits Duration/Term Credit rating And once you’ve done that, the rates change!
  • 112. pkf-francisclark.co.uk How do I implement it? • Picking a home; a process in itself • Investments/investment managers “Trustees must know, and act within, their charity’s powers to invest. As part of their duty of care, the trustees must be satisfied that the overall level of risk they are taking is right for their charity and its beneficiaries”
  • 113. pkf-francisclark.co.uk How do I implement it? Investments/investment managers • Risk assessment – how does this map to a portfolio? • Diversification – a legal requirement • Objectives • Which manager? • “beauty parade” – due diligence Review Performance and Policy
  • 114. pkf-francisclark.co.uk No responsibility can be accepted for any action taken as a result of information contained in this presentation. We therefore strongly recommend that no action should be taken before obtaining detailed professional advice. Past performance is not a guide to future returns and the value of investments and income from them may go down as well as up and an investor may not get back the amount invested. PKF Francis Clark Financial planning and wealth management is a trading name of Francis Clark Financial Planning Ltd which is authorised and regulated by the Financial Conduct Authority. Registered Office: Sigma House, Oak View Close, Edginswell Park, Torquay TQ2 7FF. Registered in England No. 05413603. Francis Clark Financial Planning Ltd is a member firm of the PKF International Limited network of legally independent firms and does not accept responsibility or liability for the actions or inactions on the part of any other individual member firm or firms. Exeter | New Forest | Plymouth | Poole | Salisbury | Taunton | Torquay | Truro Disclaimer & copyright fcpp.co.uk
  • 115. PKF FRANCISCLARK Charity Seminar Fundraising Focus Colin Kemp Associate, Think Consulting Solutions
  • 117. “Charity trustees and managers have too often been absent from discussions on fundraising practice or values.” [This was] “a failure of trustees to recognise that their primary role is governance […] their overriding role is to sustain the mission and values of their charitable organisation. […] In this role they failed.” “Stronger regulation is no substitute for the required change of attitudes and behaviour from trustees.” Etherington & PACAC
  • 118. CC20 Trustees should: • Hold people they delegate to to account for their role. • Have access to the right information – and have the skills to critically interpret & question. • Be assured they are compliant with rules and regulations
  • 119.
  • 120. Plan effectively: • How much is needed and when? • Why is it needed? • How will it be raised? • Risks and mitigation • How it reflects your values • Monitor CC20 Principle 1
  • 121. Supervise your fundraisers: • Think about governance vs executive • Clearly document delegation • Internal, trading subsidiaries, third parties and volunteers • Clear reporting expectations • Good external contracts. Cf Code FR Practice CC20 Principle 2
  • 122. Protect reputation, money & other assets • Reputational risk if FR goes wrong • Be able to justify fundraising costs • Care over money from events, volunteers etc • Careful of fraud or money laundering • Look out for unauthorised fundraising CC20 Principle 3
  • 123. Follow fundraising laws & regulations • Data protection • Advertising • Solicitation statements • Street collections, raffles and lotteries • Accounts preparation and statements (NB Charities (Investment & Social Investment) Act 2016 CC20 Principle 4
  • 124. Follow the recognised standards for FR • Fundraising Regulator & Codes of FR practice • Key policies: acceptance / refusal of donations; Vulnerable People; Complaints • 20 x Codes, 28 docs of Supporting Guidance CC20 Principle 5
  • 125. Be open and accountable • Strong accounting & see Charities Act 2016 • Complaints: clear procedures, timely. • Clear appeals and transparency over use of funds CC20 Principle 6
  • 126.
  • 127. • High standards – and compliance with the law • Clear honest and open about what we raise and what we do with it • Respectful about rights and privacy, about not applying inappropriate pressure to give • Being fair and reasonable • Accountable and responsible Fundraising Regulator: Fundraising Promise
  • 128. Designed to help people: • Easily stop all specific channel or all direct marketing communications from specific charities. • Web based, but telephone service available • Charity receives notification to access portal for details of suppression request. • £100k+ FR spend : charity auto-registered • Smaller charities will be set up on first FPS request from the public. Fundraising Preference Service
  • 129. SECTIONS OF THE CODE Each section of the Code is detailed below: 1.0 Key principles and behaviours 2.0 Working with Volunteers 3.0 Working with Children 4.0 Working with Third Parties 5.0 Fundraising Communications and Techniques 6.0 Direct Marketing 7.0 Reciprocal Mailing 8.0 Telephone 9.0 Digital Media 129 10.0 Trusts 11.0 Major Donors 12.0 Corporate Partnerships 13.0 Raffles and Lotteries 14.0 Fundraising through Payroll Giving 15.0 Events 16.0 Public Collections 17.0 Static Collections 18.0 Legacies 19.0 Payment of Fundraisers 20.0 Handling Donations
  • 130. Consent: • Consent vs legitimate interest? • Consider unbundling types of communication for consent • Consent renewal? • Consider: legal rights / donor reasonable expectations / charity legitimate interest • Work on Privacy statements. • Use Privacy Impact Assessment thinking. ICO & GDPR
  • 131. Governance & Fundraising Strategy “There are 180,000 people who cannot leave their homes because they are blind or visually impaired. The purpose of this meeting is to solve that problem.” Sir John Stewart, former Chair of Trustees at Guide Dogs … at his first Board meeting.
  • 133. Mission Values Organisational Strategy Fundraising Framework Delegation & Accountability Fundraising Strategy Compliance & Confidence
  • 134. Fundraising Framework Delegation & Accountability Fundraising Strategy Compliance & Confidence Fundraising Campaigns Plan & Budget Creative Brief Concepts & Execution Selections & Media Fulfilment & Follow up Review & Learn Mission Values Organisational Strategy
  • 135. Fundraising Campaigns Plan/Budget Creative Brief Execution Selections & Media Fulfil/Follow up Review & Learn Mission Values Organisational Strategy Fundraising Framework Delegation & Accountability Fundraising Strategy Compliance & Confidence
  • 136. For further information or to explore how we can help you build your trustees fundraising governance expertise, contact: Think Consulting Solutions Michelle Chambers – michelle@thinkcs.org Samantha Dixon – samanthadixon@thinkcs.org Colin Kemp - colinkemp@thinkcs.org Telephone number: 01280 824297 Contact details
  • 137. Chairman’s Close and Any Questions