This document provides an overview of regulatory compliance for charities. It discusses the importance of compliance, key regulators charities need to be aware of such as the Charity Commission and HMRC, and consequences of non-compliance like reputational damage and legal sanctions. Specific areas of focus are highlighted, including charity disclosures, filing annual reports and accounts, reporting serious incidents, and notifying changes in trustees. Practical steps are suggested to improve compliance like benchmarking current practices, identifying responsibilities, and using checklists. The importance of being proactive rather than reactive is emphasized to increase organizational robustness around regulatory obligations.
Our annual series of Charity Seminars held across the region, provide an overview of the most important developments in financial matters affecting the charitable sector.
Alongside our usual financial reporting, VAT and investment sessions, we have invited Business Recovery Partner, Lucinda Coleman, to examine the risks and responsibilities of a charity becoming insolvent and how those risks can be minimised.
We have also invited a specialist fundraising expert to discuss topical issues around the subject and James Evans, Partner at Tozers LLP, will be providing the legal update to include the upcoming changes to data protection rules.
Our annual series of Charity Seminars held across the region, provide an overview of the most important developments in financial matters affecting the charitable sector.
Alongside our usual financial reporting, VAT and investment sessions, we have invited Business Recovery Partner, Lucinda Coleman, to examine the risks and responsibilities of a charity becoming insolvent and how those risks can be minimised.
We have also invited a specialist fundraising expert to discuss topical issues around the subject and James Evans, Partner at Tozers LLP, will be providing the legal update to include the upcoming changes to data protection rules.
Our annual series of Charity Seminars held across the region, provide an overview of the most important developments in financial matters affecting the charitable sector.
Alongside our usual financial reporting, VAT and investment sessions, we have invited Business Recovery Partner, Lucinda Coleman, to examine the risks and responsibilities of a charity becoming insolvent and how those risks can be minimised.
We have also invited a specialist fundraising expert to discuss topical issues around the subject and James Evans, Partner at Tozers LLP, will be providing the legal update to include the upcoming changes to data protection rules.
In this seminar Gannons draw on their past experience of successful sales and take you through how an ‘exit’ business sale can be structured and what you need to be thinking about how to maximise your return.
Anthony Boyle, originally from Burtonport is a Chartered Tax Advisor. He is co-owner of Tax Assist Accountants and The Glackin Business Institute Ltd which provide Tax, Accounting, Banking and Financial advice to SMEs in the Northwest.
His business focuses on helping clients
manage their business and personal finances efficiently, minimise taxes, avail of available incentives, remain compliant and become
financially secure. Prior to starting his own business in 2015, Anthony worked in various senior roles with the Financial Engineering Network, Bank of Ireland Private Banking and Ulster Bank. He has a degree in Bank & Finance from the University of Ulster and is a Qualified Financial advisor.
Our annual series of Charity Seminars held across the region, provide an overview of the most important developments in financial matters affecting the charitable sector.
Alongside our usual financial reporting, VAT and investment sessions, we have invited Business Recovery Partner, Lucinda Coleman, to examine the risks and responsibilities of a charity becoming insolvent and how those risks can be minimised.
We have also invited a specialist fundraising expert to discuss topical issues around the subject and James Evans, Partner at Tozers LLP, will be providing the legal update to include the upcoming changes to data protection rules.
Our annual series of Charity Seminars held across the region, provide an overview of the most important developments in financial matters affecting the charitable sector.
Alongside our usual financial reporting, VAT and investment sessions, we have invited Business Recovery Partner, Lucinda Coleman, to examine the risks and responsibilities of a charity becoming insolvent and how those risks can be minimised.
We have also invited a specialist fundraising expert to discuss topical issues around the subject and James Evans, Partner at Tozers LLP, will be providing the legal update to include the upcoming changes to data protection rules.
Our annual series of Charity Seminars held across the region, provide an overview of the most important developments in financial matters affecting the charitable sector.
Alongside our usual financial reporting, VAT and investment sessions, we have invited Business Recovery Partner, Lucinda Coleman, to examine the risks and responsibilities of a charity becoming insolvent and how those risks can be minimised.
We have also invited a specialist fundraising expert to discuss topical issues around the subject and James Evans, Partner at Tozers LLP, will be providing the legal update to include the upcoming changes to data protection rules.
In this seminar Gannons draw on their past experience of successful sales and take you through how an ‘exit’ business sale can be structured and what you need to be thinking about how to maximise your return.
Anthony Boyle, originally from Burtonport is a Chartered Tax Advisor. He is co-owner of Tax Assist Accountants and The Glackin Business Institute Ltd which provide Tax, Accounting, Banking and Financial advice to SMEs in the Northwest.
His business focuses on helping clients
manage their business and personal finances efficiently, minimise taxes, avail of available incentives, remain compliant and become
financially secure. Prior to starting his own business in 2015, Anthony worked in various senior roles with the Financial Engineering Network, Bank of Ireland Private Banking and Ulster Bank. He has a degree in Bank & Finance from the University of Ulster and is a Qualified Financial advisor.
Sponsored by our partners at Taxwise and Ashfords, this event consists of a variety of topics that our clients are telling us are giving them the biggest challenges.
This seminar examines the thinking behind SEIS and EIS, two tax attractive schemes available to UK companies seeking investment. It also examines the qualifying factors on whether a company will be able to seek the relief, whether the individual investor acquiring the shares is a qualifying investor and a summary of the hurdles and tripwires to avoid.
Voluntary tax compliance. Skatteverket and the Swedish culture. Cooperation b...EUROsociAL II
Voluntary tax compliance. Skatteverket and the Swedish culture. Cooperation between DIAN and Skatteverket / Anders Stridh & Lennart Wittberg - Swedish Tax Agency
The number of stocks available to shareholders, (share capital), generates a number of associated legal issues. Gannons talk about the current issues and trends in share capital. They tackle key concerns such as pre-emption rights; share buy-backs, as well as the requirements linked to altering share capital.
This seminar helps entrepreneurs, SMEs and owner managed businesses with accounting, taxation and legal tripwires that should be considered when raising finance to grow a business.
Sponsored by our partners at Taxwise and Ashfords, this event consists of a variety of topics that our clients are telling us are giving them the biggest challenges.
This seminar examines the thinking behind SEIS and EIS, two tax attractive schemes available to UK companies seeking investment. It also examines the qualifying factors on whether a company will be able to seek the relief, whether the individual investor acquiring the shares is a qualifying investor and a summary of the hurdles and tripwires to avoid.
Voluntary tax compliance. Skatteverket and the Swedish culture. Cooperation b...EUROsociAL II
Voluntary tax compliance. Skatteverket and the Swedish culture. Cooperation between DIAN and Skatteverket / Anders Stridh & Lennart Wittberg - Swedish Tax Agency
The number of stocks available to shareholders, (share capital), generates a number of associated legal issues. Gannons talk about the current issues and trends in share capital. They tackle key concerns such as pre-emption rights; share buy-backs, as well as the requirements linked to altering share capital.
This seminar helps entrepreneurs, SMEs and owner managed businesses with accounting, taxation and legal tripwires that should be considered when raising finance to grow a business.
Was the Carillion collapse foreseeable? Yes!
Wednesday 9 May 2018
APM Contracts and Procurement Specific Interest Group
presented by:
Dr Jon Broome and Philip Reese
URL to event write up page:
https://www.apm.org.uk/news/was-the-carillion-collapse-foreseeable-yes/
Lessons learnt from the Carillion collapse part 1: Selecting a financially sound provider webinar
Thursday 21 February 2019
presented by
Philip Reese and Dr Jon Broome
The link to the write up page and resources of this webinar:
https://www.apm.org.uk/news/lessons-learnt-from-the-carillion-collapse-part-1-selecting-a-financially-sound-provider-webinar/
Brought to you in partnership with BCL Legal Recruitment, our first session of the year covered the following areas:
• contract and IT update - see what just happened whilst you weren’t looking! Richard Nicholas will look at the practical steps you should take to draft around or negotiate the latest changes
• employment update - Modern Slavery, bad, spying on staff, good? How to protect your business from your employees whilst complying with modern slavery law. James Tait, Elish Kennedy and Kerren Daly will be your guides
• data protection update - after three years of negotiation, the General Data Protection Regulation is now published and the changes will be significant (Brexit or no Brexit) - you had better be ready! Helena Wootton will show you how
• consumer law - one year in, some practical consequences of the Act and solutions to common problems faced by retailers and others - Caroline Green and Alex Watt have this covered
• corporate update - are you a person of significant control and influence (of course you are). This will start to matter this year, as companies are required to identify and register these individuals. How do you do that and what does this mean? Don’t worry, we’ll show you.
https://www.brownejacobson.com/sectors-and-services/sectors/in-house-legal
Our annual series of Charity Seminars held across the region, provide an overview of the most important developments in financial matters affecting the charitable sector.
Alongside our usual financial reporting, VAT and investment sessions, we have invited Business Recovery Partner, Lucinda Coleman, to examine the risks and responsibilities of a charity becoming insolvent and how those risks can be minimised.
We have also invited a specialist fundraising expert to discuss topical issues around the subject and James Evans, Partner at Tozers LLP, will be providing the legal update to include the upcoming changes to data protection rules.
Presented on Monday 2 November at NCVO/BWB Trustee Conference 2015
Philip KirkPatrick – Bates Wells Braithwaite; Mark Taylor – Lucas Fettes and Kate Sayer, Sayer Vincent
Stress testing your charity - risk management for trustees
If you would like to find out more about our 2016 Trustee Conference email us at ncvoevents@ncvo.org.uk or call us on 020 750 3153.
In house lawyers forum, Nottingham & Birmingham - March 2016Browne Jacobson LLP
Brought to you in partnership with BCL Legal Recruitment, our first session of the year covered the following areas:
• contract and IT update - see what just happened whilst you weren’t looking! Richard Nicholas will look at the practical steps you should take to draft around or negotiate the latest changes
• employment update - Modern Slavery, bad, spying on staff, good? How to protect your business from your employees whilst complying with modern slavery law. James Tait, Elish Kennedy and Kerren Daly will be your guides
• data protection update - after three years of negotiation, the General Data Protection Regulation is now published and the changes will be significant (Brexit or no Brexit) - you had better be ready! Helena Wootton will show you how
• consumer law - one year in, some practical consequences of the Act and solutions to common problems faced by retailers and others - Caroline Green and Alex Watt have this covered
• corporate update - are you a person of significant control and influence (of course you are). This will start to matter this year, as companies are required to identify and register these individuals. How do you do that and what does this mean? Don’t worry, we’ll show you.
https://www.brownejacobson.com/sectors-and-services/sectors/in-house-legal
Presented at NCVO's 2015 Evolve Conference by:
- Neal Green, Senior Policy Advisor, Charity Commission
- Rosamund McCarthy, Partner, BWB.
How effective governance can steer charities through the every day challenges they face, and what to do if your charity finds itself in a crisis.
Everything your startup needs to know about accountingThe Idea Village
Don't get lost in the accounting world as you steer your venture to success! In this IDEAinstitute, attendees will be guided by the accounting startup compass: tools and insights of the trade necessary to reach your venture's destination.
Designed to benefit financial controllers and directors working in commerce, providing an ideal opportunity to update your knowledge on a wide range of subjects.
Many ways to support street children.pptxSERUDS INDIA
By raising awareness, providing support, advocating for change, and offering assistance to children in need, individuals can play a crucial role in improving the lives of street children and helping them realize their full potential
Donate Us
https://serudsindia.org/how-individuals-can-support-street-children-in-india/
#donatefororphan, #donateforhomelesschildren, #childeducation, #ngochildeducation, #donateforeducation, #donationforchildeducation, #sponsorforpoorchild, #sponsororphanage #sponsororphanchild, #donation, #education, #charity, #educationforchild, #seruds, #kurnool, #joyhome
Jennifer Schaus and Associates hosts a complimentary webinar series on The FAR in 2024. Join the webinars on Wednesdays and Fridays at noon, eastern.
Recordings are on YouTube and the company website.
https://www.youtube.com/@jenniferschaus/videos
This session provides a comprehensive overview of the latest updates to the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (commonly known as the Uniform Guidance) outlined in the 2 CFR 200.
With a focus on the 2024 revisions issued by the Office of Management and Budget (OMB), participants will gain insight into the key changes affecting federal grant recipients. The session will delve into critical regulatory updates, providing attendees with the knowledge and tools necessary to navigate and comply with the evolving landscape of federal grant management.
Learning Objectives:
- Understand the rationale behind the 2024 updates to the Uniform Guidance outlined in 2 CFR 200, and their implications for federal grant recipients.
- Identify the key changes and revisions introduced by the Office of Management and Budget (OMB) in the 2024 edition of 2 CFR 200.
- Gain proficiency in applying the updated regulations to ensure compliance with federal grant requirements and avoid potential audit findings.
- Develop strategies for effectively implementing the new guidelines within the grant management processes of their respective organizations, fostering efficiency and accountability in federal grant administration.
Russian anarchist and anti-war movement in the third year of full-scale warAntti Rautiainen
Anarchist group ANA Regensburg hosted my online-presentation on 16th of May 2024, in which I discussed tactics of anti-war activism in Russia, and reasons why the anti-war movement has not been able to make an impact to change the course of events yet. Cases of anarchists repressed for anti-war activities are presented, as well as strategies of support for political prisoners, and modest successes in supporting their struggles.
Thumbnail picture is by MediaZona, you may read their report on anti-war arson attacks in Russia here: https://en.zona.media/article/2022/10/13/burn-map
Links:
Autonomous Action
http://Avtonom.org
Anarchist Black Cross Moscow
http://Avtonom.org/abc
Solidarity Zone
https://t.me/solidarity_zone
Memorial
https://memopzk.org/, https://t.me/pzk_memorial
OVD-Info
https://en.ovdinfo.org/antiwar-ovd-info-guide
RosUznik
https://rosuznik.org/
Uznik Online
http://uznikonline.tilda.ws/
Russian Reader
https://therussianreader.com/
ABC Irkutsk
https://abc38.noblogs.org/
Send mail to prisoners from abroad:
http://Prisonmail.online
YouTube: https://youtu.be/c5nSOdU48O8
Spotify: https://podcasters.spotify.com/pod/show/libertarianlifecoach/episodes/Russian-anarchist-and-anti-war-movement-in-the-third-year-of-full-scale-war-e2k8ai4
A process server is a authorized person for delivering legal documents, such as summons, complaints, subpoenas, and other court papers, to peoples involved in legal proceedings.
What is the point of small housing associations.pptxPaul Smith
Given the small scale of housing associations and their relative high cost per home what is the point of them and how do we justify their continued existance
Presentation by Jared Jageler, David Adler, Noelia Duchovny, and Evan Herrnstadt, analysts in CBO’s Microeconomic Studies and Health Analysis Divisions, at the Association of Environmental and Resource Economists Summer Conference.
2. What will we look at today?
• the importance of regulatory compliance
• the requirements of some key sector regulators
• when it can all go wrong – areas to watch
• some behavioural choices to consider
• a few ideas to take forwards
• any questions – chance to discuss queries
NB: Chatham House rules to apply so that all are free to use the information
received, but neither the identity nor the affiliation of the speaker(s) or any
participant may be revealed
3. The Compliance Landscape
Why does compliance seem to have become so topical?
• always been important but times have changed
• increasing number of regulators – e.g. NI Commission, DBS
• introduction of new legislation, best practice
• regulators are under pressure – Cup Trust
• higher expectations from public
• higher scrutiny and accountability
Compliance cannot be ignored; it is or should be part of everyday life of a charity
4. So who are the regulators?
These guys? Or maybe these?
4
5. A selection of regulators…
The key sector regulators:
• Charity Commission, OSCR, NI Charity Commission
• Companies House
• H M Revenue & Customs
Sector specific regulators:
• Care Quality Commission
• Ofsted
• Pensions Regulator
Issue specific regulators:
• DBS/PVG
• Environment Agency
• Fundraising Standards Board
• Gambling Commission
• Information Commissioner’s Office
6. Choice of regulator too much?
• work out which ones apply to your organisation
• reject some e.g. not a limited company? Forget Companies House
• watch out for sector specific ones
• might not be as obvious as you think
6
7. What happens if it goes wrong?
Organisational sanction:
• reputational damage
• loss of funding
• beneficiaries lose confidence
• reduced impact
• closure of charity
Legal sanction
• fines/penalties
• contractual liability
• criminal liability
• in some cases, personal liability
8. Freaked out or chilled out?
No-one wants to be her… But we probably wouldn’t mind
being him…
8
9. And for good reason
Benefits of compliance include:
• avoiding enforcement action
• reducing management distraction; no/less fire fighting
• increased organisational robustness
• providing beneficiaries, donors & funders with confidence
• attracting more funding
• improving impact
• increasing individual charity and sector wide reputations
Why wouldn’t we all strive for these outcomes?
10. So the good news is…
• it doesn’t have to be this way
• a lot of compliance issues can be controlled by you
• systems will NEVER be watertight but:
• you are in the driving seat
• if you are not, you have the chance to improve things
• you CAN anticipate, plan and manage most compliance matters
10
11. Some particular areas to consider – “your starter for 10”
Some key essentials to get you started:
• Charities Act disclosures
• Companies Act disclosures
• Filing accounts and annual returns
• Serious incident reporting
• Trustees and key personnel changes
Always be more but these are a good place
to start
Here comes the technical bit…
12. Charities Act 2011 disclosures
For a registered charity with gross income more than £10,000pa:
• section 39 Charities Act 2011 applies
• MUST state charity is “registered”
• MUST state in certain places (see s39)
• NB: Welsh translation provided in statute - “elusen cofrestredig”
• NB: does not require use of charity number
• also offence to authorise the issue of any non-compliant document
• financial penalty for non-compliance
So use of charity number is not the statutory protection
13. Companies Act Disclosures
For a charity that is a limited company:
• The Company … (Name & Trading Disclosures) Regs 2015 apply. Broadly:
• MUST display name at registered office, inspection place, any place where the
company carries on business and in correspondence and documents
• MUST include name, company number, place of registration, registered office
address and limited status on letters, orders and websites
• for more detail, see Companies House Guidance GP1
• financial penalty for non-compliance
Outside these rules but, if relevant, don’t forget to state VAT number
Less is not more
If in doubt, include the information
Won’t risk anything by over inclusion
14. Disclosure banana skins – its easy to slip on these
Some areas to review and double check – see examples handed out
• Be sure what your name is – trading name?
• Stationery – letterhead, compliment slips, envelopes, business cards
• Formal documents – contracts, grant agreements, leases etc
• Financial – invoices, direct debit forms, cheque books
• Fundraising – anything that solicits money
• E-world – email, social media, website
• Trading – place of business, till receipts
• Don’t forget Scottish law – slightly different requirements
• Be careful if you change your name – all this needs changing
• Think about ordering of statements – don’t confuse patrons/disclosures
If in doubt and space allows, include more information than less
15. Accounts and annual return – Companies House (limited company)
Accounts:
• MUST be prepared for company members and for filing at Companies House
• MUST be filed at Companies House within 9 months’ of financial year end
Annual Return
• snapshot of general information about company
• details company's officers, registered office address, shareholders and share capital
• MUST be filed Companies House in 28 days of anniversary of last made up date
• consider signing up for PROOF – added security against fraud
Risks of non-compliance potentially serious:
• automatic financial penalty for late filing
• personal criminal offence for late/non-filing by directors (Trustees) and company secretary
• struck off Companies House register, company ceases to exist and assets lost
16. Trustees Annual Return and accounts – Charity Commission
• separate and additional obligation to file at Charity Commission/OSCR
• applies to all charities with income exceeding £25,000
• MUST file Trustees’ annual return (with copy accounts) at Charity
Commission/OSCR within 10 months financial year end
• no extensions – deadline is absolute
• Charity Commission “red top” warning on register entry
• Charity Commission double defaulters – risks removal from register
• introduction of change to require specific prior approval by Trustees
• build time for this at a Trustee meeting ahead of filing deadline
• beware the serious incident declaration
Diarise, diarise and diarise again. Use diaries for more than one person
16
17. Serious Incident Reporting
The legal position:
• Trustees’ duty to report “serious incidents”
• caught by Trustees’ declaration in annual return
• failure to make declaration = breach s.60 Charities Act 2011
• can attract personal liability for Trustees
• Charity Commission may want to investigate/open statutory inquiry
What are the challenges?
• resisting the temptation to not report
• deciding what amounts to a “serious incident”
• no definitive answer; judgement call
• consider every case individually on its facts
Remember:
• see Charity Commission guidance “Reporting serious incidents: guidance for trustees”
• you’ll know it when you see it. Over reporting is better than under reporting
18. What is a “serious incident”?
Some will ALWAYS be serious incidents. As listed by Charity Commission:
• fraud and theft (other than minor)
• donations from unknown/unverified source
• links to banned or terrorist organisation or other unlawful activity
• disqualified trustee acting as trustee
• no vetting procedure for staff, trustees or volunteers
• no safeguarding policies for vulnerable beneficiaries
• charity investigated by a regulator
• suspicions, allegations and incidents of abuse or mistreatment of vulnerable
beneficiaries
NB: no minimum threshold
19. Other serious incidents
Charity Commission will expect other serious incidents to be reported:
• if reported to Police or other agency
• charity subject to Police or other agency investigation
• serious or significant risk to charity, beneficiary, reputation or assets
• internal risk assessment concludes action needed to avoid serious risk
• professional advisers advise notification
NB: again, no minimum threshold
20. When and how to report and what to expect
Filing a report:
• should be reported “immediately” but this can allow time for investigation
• report using rsi@charitycommission.gsi.gov.uk or via annual return
• don’t forget to report to OSCR too
• no template but provide common sense detail
Commission response will be:
• proportionate and risk focused
• within 15 working days
If in doubt:
• protect Trustees and charity and submit report
• report sooner than later
21. Hypothetical serious incidents – to report or not?
Incident Charity £10m turnover Charity £100K turnover
Undischarged bankrupt
is trustee
Theft of £100
Theft of £10,000
Repeat donation £5K
from verified source
New unknown donor £50
not verified
New unknown donor
£5K not verified
21
22. Trustee and key personnel changes
Where is the problem as long as you are quorate?
• Trustees, Executive Team and key personnel can have dual responsibility
• don’t forget to obtain “Fit and proper person” declaration
• are they also an HMRC “responsible person”?
• if they are, notify HMRC on form ChV1
• charitable tax reliefs at risk if don’t comply
• see www.gov.uk/government/publications/charities-fit-and-proper-persons-
test/guidance-on-the-fit-and-proper-persons-test
Other “filings” on appointment/retirement
• for Trustees file at Companies House, Charity Commission, OSCR
• amend bank mandates – remove old ones and add new
• can cause practical problems if don’t keep up-to-date
23. Fundraising Standards Board – an additional “regulator”
• not statutory regulator but membership body
• membership potentially beneficial
• use of tick logo
• but membership sets expected standards on fundraising
• includes a formal complaints handling process
• annual return of fundraising complaints
• public register of decisions
• potential reputational damage
• loss of tick logo
• possible reduction in donations, funding
24. Gambling Commission – another “regulator”
• complicated area
• consider taking specialist advice
• only applies if certain fundraising activities undertaken
• e.g. raffles, lotteries
• but not prize competitions or free draws
• may need an operating licence if certain financial thresholds met
• some smaller activities are exempt from need for licence
• note requirement to include certain information on lottery tickets
• type and size of activity will determine required filings
• see http://www.gamblingcommission.gov.uk/Gambling-
sectors/Lotteries/Lotteries-raffles.aspx
Review fundraising activities, apply for licence and diarise as necessary
25. Disclosure Barring Service – a statutory requirement
• deals with safeguarding checks
• important organisation to liaise with
• some important checks to remember:
• lead signatory up-to-date?
• counter signatories up-to-date?
• don’t forget duty to refer if information comes to light
• observe confidentiality
• don’t forget to DBS check all your Trustees for Charity Commission purposes
Information Commissioners Office
• if you handle or store data
• make sure you register with ICO and observe Data Protection legislation
• substantial fines for failure to comply
26. A few ideas to consider…
What practical steps can you take?
• benchmark – where are you now? What is your current position? Do an MOT
• what keeps you awake at night? Ask a “buddy” to tackle it with you
• any near misses? Learn from them
• diarise key dates. Diarise again and in different diaries
• identify areas of note
• allocate agreed responsibility
• take advantage of free resources
• develop checklists for different areas
Remember – no system will be perfect; mistakes will happen but some basic
measures should help