presentation from Trustee Conference, 7 November 2016
Dan Francis, NCVO
Emma Herbert, NCVO
Leona Roche, BWB
To find out more about our events, please visit: https://www.ncvo.org.uk/training-and-events
presentation from Trustee Conference, 7 November 2016
Dan Francis, NCVO
Emma Herbert, NCVO
Leona Roche, BWB
To find out more about our events, please visit: https://www.ncvo.org.uk/training-and-events
Charities sector newsletter which includes articles on legacy giving and points to consider in appeal literature; data protection guidance in relation to collecting personal data from fundraisers and supporters; the proposed new powers for the Charity Commission and an overview of the Charity Commission’s revised guidance on setting up a charity
Charity Registration Requirements : Is There a Public Benefit?IBB Law
Contact IBB Charity Lawyers for more information :
http://www.ibblaw.co.uk/services/charities
The public benefit requirement has always raised complex questions which in some contexts are controversial and in others are deeply political (for example the question of whether independent schools should have charitable status). When considering the charities act 2006, parliament shied away from setting any statutory
definition of public benefit and left the position to be determined under the common law. It also
removed the presumption of public benefit that had been thought to apply in certain areas. Parliament therefore left the charity commission with the difficult task of providing guidance in an uncertain area and facing litigation as people seek to challenge that guidance.
The presentation was a workshop at Evolve 2014: the annual event for the voluntary sector in London on Monday 16 June 2014.
The presentation was chaired by Anna Bloch from Charity Finance Group and shares highlights of how charities have adapted and are continuing to adapt to the climate, covering reductions in statutory funding and new fundraising strategies.
Find out more about the Evolve Conference from NCVO: http://www.ncvo.org.uk/training-and-events/evolve-conference
Find out more about the work NCVO does around funding: http://www.ncvo.org.uk/practical-support/funding
Slides used by Daniel Haines, of Crowe Clark Whitehill, at the ‘Locally trusted organisations and Big Local partnerships’ learning and networking events. The events took place on Friday 25 November and Wednesday 7 December 2016.
FAMILY MEDICINE CLINIC BUSINESS PLANStude.docxmglenn3
FAMILY MEDICINE CLINIC BUSINESS PLAN
Student’s name
Introduction
As part of its ongoing efforts to improve access to health care, General Medical Center is subsidizing the start-up and first year of operations of a new family medicine practice, Park Square Family Medicine.
As a advanced practice nurses (APN), I have invested a lot of time and money into education I have gone through dealing with the state laws and nurse practice acts, also gone through the principle of autonomy / collaborative approach of practice with physician
This is important because it fulfils the requirement of the APN professional business plan requirement and also to have an insight to what it takes to set up a clinic after licensure as an APN with practice privileges.
Mission/vision statement
Our vision is to bring quality and affordable healthcare. The clinic aspires to bring special healthcare services, health educational programs (primary preventive measures) as well as personal health and wellness programs.
Location of Business
The targeted location will be in Colorado because:
There is a wide range of people
Large Population
Easily accessible
The targeted location for the hospital set up will be in Colorado. This location is best since there is a wide range of people and the population as well is fair which implies that the hospital will have patients in regular basis which further ensure that the hospital will have a continuous flow of income. Before choosing the location, a thorough research was conducted, and further feasibility studies were conducted so as to be able to penetrate the available market and most importantly become the preferred choice.
4
SWOT Analysis
Strengths-
a well-qualified team of professionals in various positions of the hospital.
Clinic has a strong ethos of openness, sharing and commitment
weaknesses
Staff not clear of their role in the patient relationship
it is just starting out and therefore may not have sufficient required finance which will sustain the kind of the publicity
The strength of the hospital lies from the fact that they have a well-qualified team of professionals in various positions of the hospital. Therefore, they have the best arms in the whole of Colorado. Moreover, the hospital will be operating for twenty-four hours a day unlike other hospitals. Also, the clinic has a strong ethos of openness, sharing and commitment to increasing patient confidence Patients wanting to get involved Local charities willing to participate. The weaknesses limited is that it is just starting out and therefore may not have sufficient required finance which will sustain the kind of the publicity which is intended so that the business can be well known and also, Staff is not clear of their role in the patient relationship
5
Opportunities
Constant inflow of patients
Active volunteer committee willing to plan and organize events
Threat
Economic turndown
Patients confidentiality risk
.
An on-line legal resource covering topics such as New subcontracting rules for education providers, Smarter contracting within the sector and Updated guidance on the protection of playing fields
Rollits Planning Focus - General Election Special (April 2015)Pat Coyle
The upcoming General Election is set to be one of the most keenly contested political battles for some time. The political parties have now published their Manifestos to varying degrees of fanfare. Within this Newsletter we have sought to set out some of the main planning and development policies contained within each Manifesto.
Charities sector newsletter which includes articles on legacy giving and points to consider in appeal literature; data protection guidance in relation to collecting personal data from fundraisers and supporters; the proposed new powers for the Charity Commission and an overview of the Charity Commission’s revised guidance on setting up a charity
Charity Registration Requirements : Is There a Public Benefit?IBB Law
Contact IBB Charity Lawyers for more information :
http://www.ibblaw.co.uk/services/charities
The public benefit requirement has always raised complex questions which in some contexts are controversial and in others are deeply political (for example the question of whether independent schools should have charitable status). When considering the charities act 2006, parliament shied away from setting any statutory
definition of public benefit and left the position to be determined under the common law. It also
removed the presumption of public benefit that had been thought to apply in certain areas. Parliament therefore left the charity commission with the difficult task of providing guidance in an uncertain area and facing litigation as people seek to challenge that guidance.
The presentation was a workshop at Evolve 2014: the annual event for the voluntary sector in London on Monday 16 June 2014.
The presentation was chaired by Anna Bloch from Charity Finance Group and shares highlights of how charities have adapted and are continuing to adapt to the climate, covering reductions in statutory funding and new fundraising strategies.
Find out more about the Evolve Conference from NCVO: http://www.ncvo.org.uk/training-and-events/evolve-conference
Find out more about the work NCVO does around funding: http://www.ncvo.org.uk/practical-support/funding
Slides used by Daniel Haines, of Crowe Clark Whitehill, at the ‘Locally trusted organisations and Big Local partnerships’ learning and networking events. The events took place on Friday 25 November and Wednesday 7 December 2016.
FAMILY MEDICINE CLINIC BUSINESS PLANStude.docxmglenn3
FAMILY MEDICINE CLINIC BUSINESS PLAN
Student’s name
Introduction
As part of its ongoing efforts to improve access to health care, General Medical Center is subsidizing the start-up and first year of operations of a new family medicine practice, Park Square Family Medicine.
As a advanced practice nurses (APN), I have invested a lot of time and money into education I have gone through dealing with the state laws and nurse practice acts, also gone through the principle of autonomy / collaborative approach of practice with physician
This is important because it fulfils the requirement of the APN professional business plan requirement and also to have an insight to what it takes to set up a clinic after licensure as an APN with practice privileges.
Mission/vision statement
Our vision is to bring quality and affordable healthcare. The clinic aspires to bring special healthcare services, health educational programs (primary preventive measures) as well as personal health and wellness programs.
Location of Business
The targeted location will be in Colorado because:
There is a wide range of people
Large Population
Easily accessible
The targeted location for the hospital set up will be in Colorado. This location is best since there is a wide range of people and the population as well is fair which implies that the hospital will have patients in regular basis which further ensure that the hospital will have a continuous flow of income. Before choosing the location, a thorough research was conducted, and further feasibility studies were conducted so as to be able to penetrate the available market and most importantly become the preferred choice.
4
SWOT Analysis
Strengths-
a well-qualified team of professionals in various positions of the hospital.
Clinic has a strong ethos of openness, sharing and commitment
weaknesses
Staff not clear of their role in the patient relationship
it is just starting out and therefore may not have sufficient required finance which will sustain the kind of the publicity
The strength of the hospital lies from the fact that they have a well-qualified team of professionals in various positions of the hospital. Therefore, they have the best arms in the whole of Colorado. Moreover, the hospital will be operating for twenty-four hours a day unlike other hospitals. Also, the clinic has a strong ethos of openness, sharing and commitment to increasing patient confidence Patients wanting to get involved Local charities willing to participate. The weaknesses limited is that it is just starting out and therefore may not have sufficient required finance which will sustain the kind of the publicity which is intended so that the business can be well known and also, Staff is not clear of their role in the patient relationship
5
Opportunities
Constant inflow of patients
Active volunteer committee willing to plan and organize events
Threat
Economic turndown
Patients confidentiality risk
.
An on-line legal resource covering topics such as New subcontracting rules for education providers, Smarter contracting within the sector and Updated guidance on the protection of playing fields
Rollits Planning Focus - General Election Special (April 2015)Pat Coyle
The upcoming General Election is set to be one of the most keenly contested political battles for some time. The political parties have now published their Manifestos to varying degrees of fanfare. Within this Newsletter we have sought to set out some of the main planning and development policies contained within each Manifesto.
This seminar explains the impact of the Consumer Contracts Regulations 2013
All businesses dealing with consumers and all those who advise businesses dealing with consumers are affected by the new Regulations.
The Regulations apply to contracts for both goods and services and whilst the main focus of the legislation is off-premises and distance contracts, all contracts between consumers and businesses, even those which are conducted on premises, are potentially caught. The sanctions for lack of compliance with the Regulations include claims in breach of contract and, in some cases, criminal offences, therefore awareness of the legislation is key.
Agriculture sector newsletter - includes an update on Partnership Agreements; key points to look for in order to maximise Agricultural Property Relief; looking ahead to Agri-environment schemes from now to 2020 and an overview of the new legislation which came into force on 6 April this year which provided new permitted development rights for the change of use for agricultural buildings.
Education sector newsletter which features updates arising out of June's AoC/CFDG Finance Conference and a summary of the key points made by the FE Commissioner in his presentation to the Conference and our thoughts on the Skills Funding Agency’s presentation on common issues coming out of PFA audits.
Managing Sickness Absence - Employment Workshop Pat Coyle
Employee absence can be a significant cost to businesses and effective sickness absence management involves finding a balance between providing support to help employees with health problems stay in and return to work and taking consistent and firm action against employees who try to take advantage.
This session gives an informative overview of sickness absence, focussing on:
Putting procedures in place
Managing absence
Return to work
Problem areas - pregnancy related illness; holidays & sickness; notice pay
Long term absence
Dismissal - capability
Potential claims - unfair dismissal
Disability discrimination
Pregnancy related claims
New proposals for dealing with sickness absence
Employment Law Update: essential updates and practical guidance for employersPat Coyle
A broad-ranging presentation focussed on keeping you up to date with current Employment Law and the effect that legislative changes and case law may have on your business or workplace
Divorce - How business arrangements are challenged by the Court (March 2014)Pat Coyle
A seminar focussed on keeping you up to date with Family Law and the effect that the latest developments and case law may have on the business advice that you give your Clients.
This event will provide an overview of a Judge’s approach to dividing business assets on divorce and will be presented by our specialist family and corporate lawyers.
As well as providing a useful review of how best to advise business clients in advance, at the time and after the event if divorce looms, it will also highlight the tension between company and family law and the impact of Prest v Petrodel Resources Ltd and question whether it is possible to avoid the pitfalls of Young v Young?
All you need to know about discipline and dismissal Pat Coyle
Employment Law Update with a complete synopsis of everything you need to know about discipline and dismissal, focussing on the grounds for dismissal, handling a disciplinary matter, suspension, investigation, disciplinary sanctions and the overlap of discipline and grievance
The Planning Law Update seminar focusses on the Growth and Infrastructure Bill with Royal Assent now expected shortly. It also looks at judicial review of planning decisions. Is Government right to be concerned that third party challenge could be holding back development?
Rollits Employment Law Breakfast Briefing March 2013Pat Coyle
Employment law presentation reviewing key developments in employment law in 2012, and looking ahead to issues which will impact upon employers and employees alike in 2013, including a focus on apprenticeships
How to Obtain Permanent Residency in the NetherlandsBridgeWest.eu
You can rely on our assistance if you are ready to apply for permanent residency. Find out more at: https://immigration-netherlands.com/obtain-a-permanent-residence-permit-in-the-netherlands/.
Lifting the Corporate Veil. Power Point Presentationseri bangash
"Lifting the Corporate Veil" is a legal concept that refers to the judicial act of disregarding the separate legal personality of a corporation or limited liability company (LLC). Normally, a corporation is considered a legal entity separate from its shareholders or members, meaning that the personal assets of shareholders or members are protected from the liabilities of the corporation. However, there are certain situations where courts may decide to "pierce" or "lift" the corporate veil, holding shareholders or members personally liable for the debts or actions of the corporation.
Here are some common scenarios in which courts might lift the corporate veil:
Fraud or Illegality: If shareholders or members use the corporate structure to perpetrate fraud, evade legal obligations, or engage in illegal activities, courts may disregard the corporate entity and hold those individuals personally liable.
Undercapitalization: If a corporation is formed with insufficient capital to conduct its intended business and meet its foreseeable liabilities, and this lack of capitalization results in harm to creditors or other parties, courts may lift the corporate veil to hold shareholders or members liable.
Failure to Observe Corporate Formalities: Corporations and LLCs are required to observe certain formalities, such as holding regular meetings, maintaining separate financial records, and avoiding commingling of personal and corporate assets. If these formalities are not observed and the corporate structure is used as a mere façade, courts may disregard the corporate entity.
Alter Ego: If there is such a unity of interest and ownership between the corporation and its shareholders or members that the separate personalities of the corporation and the individuals no longer exist, courts may treat the corporation as the alter ego of its owners and hold them personally liable.
Group Enterprises: In some cases, where multiple corporations are closely related or form part of a single economic unit, courts may pierce the corporate veil to achieve equity, particularly if one corporation's actions harm creditors or other stakeholders and the corporate structure is being used to shield culpable parties from liability.
Guide on the use of Artificial Intelligence-based tools by lawyers and law fi...Massimo Talia
This guide aims to provide information on how lawyers will be able to use the opportunities provided by AI tools and how such tools could help the business processes of small firms. Its objective is to provide lawyers with some background to understand what they can and cannot realistically expect from these products. This guide aims to give a reference point for small law practices in the EU
against which they can evaluate those classes of AI applications that are probably the most relevant for them.
Responsibilities of the office bearers while registering multi-state cooperat...Finlaw Consultancy Pvt Ltd
Introduction-
The process of register multi-state cooperative society in India is governed by the Multi-State Co-operative Societies Act, 2002. This process requires the office bearers to undertake several crucial responsibilities to ensure compliance with legal and regulatory frameworks. The key office bearers typically include the President, Secretary, and Treasurer, along with other elected members of the managing committee. Their responsibilities encompass administrative, legal, and financial duties essential for the successful registration and operation of the society.
Matthew Professional CV experienced Government LiaisonMattGardner52
As an experienced Government Liaison, I have demonstrated expertise in Corporate Governance. My skill set includes senior-level management in Contract Management, Legal Support, and Diplomatic Relations. I have also gained proficiency as a Corporate Liaison, utilizing my strong background in accounting, finance, and legal, with a Bachelor's degree (B.A.) from California State University. My Administrative Skills further strengthen my ability to contribute to the growth and success of any organization.
Synopsis On Annual General Meeting/Extra Ordinary General Meeting With Ordinary And Special Businesses And Ordinary And Special Resolutions with Companies (Postal Ballot) Regulations, 2018
In 2020, the Ministry of Home Affairs established a committee led by Prof. (Dr.) Ranbir Singh, former Vice Chancellor of National Law University (NLU), Delhi. This committee was tasked with reviewing the three codes of criminal law. The primary objective of the committee was to propose comprehensive reforms to the country’s criminal laws in a manner that is both principled and effective.
The committee’s focus was on ensuring the safety and security of individuals, communities, and the nation as a whole. Throughout its deliberations, the committee aimed to uphold constitutional values such as justice, dignity, and the intrinsic value of each individual. Their goal was to recommend amendments to the criminal laws that align with these values and priorities.
Subsequently, in February, the committee successfully submitted its recommendations regarding amendments to the criminal law. These recommendations are intended to serve as a foundation for enhancing the current legal framework, promoting safety and security, and upholding the constitutional principles of justice, dignity, and the inherent worth of every individual.
Defending Weapons Offence Charges: Role of Mississauga Criminal Defence LawyersHarpreetSaini48
Discover how Mississauga criminal defence lawyers defend clients facing weapon offence charges with expert legal guidance and courtroom representation.
To know more visit: https://www.saini-law.com/
A "File Trademark" is a legal term referring to the registration of a unique symbol, logo, or name used to identify and distinguish products or services. This process provides legal protection, granting exclusive rights to the trademark owner, and helps prevent unauthorized use by competitors.
Visit Now: https://www.tumblr.com/trademark-quick/751620857551634432/ensure-legal-protection-file-your-trademark-with?source=share
1. The charity’s over-reliance on a single
source of income was not in compliance
with its reserves policy. Consequently,
when the expected funding was cancelled,
the charity could not deal with the
financial consequences. The Charity
Commission identified that the collapse
was not due to any financial misconduct
or mismanagement, or misapplication of
funds; it was simply the loss of anticipated
funding which made it too great for the
charity to continue.
Importance of reserves policies
This case illustrates the great importance
of ensuring that reserves policies are
followed. Reserves are part of a charity’s
unrestricted income funds which it is
freely available to spend on the charity’s
purposes. A reserves policy provides an
explanation to funders, donors and other
stakeholders as to why it is necessary
for the charity to hold a particular
amount of reserves. The policy provides
assurance that the charity’s finances are
actively managed and that its activities
are sustainable, as well as identifying
any future funding requirements. The
policy should take the charity’s financial
circumstances into account and it should
be reviewed to ensure that the policy
is constantly meeting any changes
in the charity’s needs. Not only does
this provide an element of stability for
the charity in terms of finance, it also
gives funders, donors and stakeholders
the impression of a well managed
organisation in which to invest.
It is, therefore, vital that charities do
comply with their reserves policies. As
experienced by BeatBullying, a failure to
comply with a reserves policy creates the
potential risk of a lack of funds or liquidity
to meet new needs and requirements, as
well as an inability to meet commitments
and/or planned objectives. A good
policy will explain how to use reserves to
manage uncertainty.
It is important to note that a reserves policy
should be justified in a charity’s annual
report. For example, if a charity has excess
reserves, it might appear to funders that it
does not need more funding. Therefore, a
failure to justify the reserves policy could
lead to reputational risks to the charity. If
reserves are held to fund future purchases
or activities, the policy will explain how and
when the reserves are to be spent, which
should provide such justification.
Risk management and mitigation
It is important to regularly review the
reserves policy and the level of reserves
held by a charity. The reviews help to
indicate any potential problems with the
charity’s finances and the monitoring
should occur throughout the year. If the
monitoring identifies any change in the
level of reserves from the target level,
the reason for the difference can then be
explored and dealt with accordingly.
To manage risks, a charity should have a
framework in place to:
• Identify the major risks that the charity
is exposed to;
• Make decisions about how to mitigate
these risks; and
• Make an appropriate statement about
risk management in their annual reports
By regularly reviewing the charity’s
reserves policy and level of resources,
the charity will be satisfied that its plans,
projects and objectives can be achieved,
that it has the capability to deal with any
unforeseen financial difficulties that may
arise and that funders will continue to have
confidence in the charity.
Amy Marson
www.rollits.com
July 2015
Charities Focus
What happened in the BeatBullying case? In 2014, the charity, BeatBullying, went into liquidation owing
its creditors £1 million. The Charity Commission found that the cause of the charity’s collapse was the
fact that it relied too heavily on expecting to receive grant funding, which it never ended up receiving.
Don’t wait too late to discover the
importance of reserves policies
Also in this issue
Changes to Gift Aid Small
Donations Scheme
Risks for charities not acting in
accordance with their objects
Charitable housing associations –
Proposal to extend the right-to-
buy scheme
2. Page 2
Charities Focus
July 2015
Currently, the scheme enables a charity to
claim a Gift Aid like payment on up to
£5,000 per year of these small donations.
This means that the government can pay a
charity up to £1,250 a year. However, in the
Budget, the Government announced there
will be an increase to the limit of donations
that can be claimed. From April 2016,
charities will be able to claim under this
scheme for up to £8,000 of small donations,
which enables charities to claim up to £2,000
of payments from the Government.
The structure of the scheme itself has not
been changed which means that the scheme
remains fairly complex. However, a review of
the scheme is apparently intended which
could mean that more charities will be
encouraged to apply. Only £23 million out of
£85 million was claimed in 2014/2015.
Hopefully any structural changes to the
scheme will help more charities to utilise the
scheme effectively.
Sarah Greendale
Charitable housing associations have
expressed concerns about the Government’s
proposals to extend the right-to-buy scheme
in the Housing Bill recently announced in the
Queen’s Speech. Not all housing associations
are charities, but many are exempt charities
and some are registered charities.
The Housing Bill proposes to give tenants
of housing associations the right to buy
their homes at discount. Hence housing
associations would be compelled to dispose
of properties at below market value to
benefit tenants exercising their right to buy.
It is unclear how this would interact
with charity law and in particular, the
principle that charities’ assets are used in
furtherance of their charitable aims. There
is fear that it would asset-strip charities
to fund discounted homes for better-off
tenants at the expense of those in need
of housing. There are also concerns that it
would deplete housing stock for people in
desperate need of housing and compromise
charities’ independence from Government.
Some people have defended the proposals
on the basis that enabling people to own
their home enables them to take a stake in
society. However, rigorous criticism of the
proposals may well lead to revisions and
we await further news of the Bill’s progress
with interest.
Gerry Morrison
Changes to Gift Aid Small Donations Scheme
Charitable housing associations
Proposal to extend the right-to-buy scheme
Information
If you have any queries on any issues
raised in this newsletter, or any charity
matters in general please contact Gerry
Morrison on (01904) 625790 or email
gerry.morrison@rollits.com
This newsletter is for the use of clients and
will be supplied to others on request. It is
for general guidance only. It provides
useful information in a concise form.
Action should not be taken without
obtaining specific advice. We hope you
have found this newsletter useful.
If, however, you do not wish to receive
further mailings from us, please write to
Pat Coyle, Rollits, Wilberforce Court,
High Street, Hull, HU1 1YJ.
The law is stated as at 11 June 2015.
Hull Office
Wilberforce Court, High Street,
Hull HU1 1YJ
Tel +44 (0)1482 323239
York Office
Rowntree Wharf, Navigation Road,
York YO1 9WE
Tel +44 (0)1904 625790
www.rollits.com
Authorised and Regulated by the Solicitors
Regulation Authority under number 524629
Rollits is a trading name of Rollits LLP.
Rollits LLP is a limited liability partnership,
registered in England and Wales,
registered number OC 348965, registered
office Wilberforce Court, High Street, Hull
HU1 1YJ.
A list of members’ names is available for
inspection at our offices. We use the term
‘partner’ to denote members of Rollits LLP.
Legal Action’s objects include the provision
of legal support to people who cannot afford
it. It came to the Charity Commission’s
attention that Legal Action was not operating
in furtherance of its stated charitable objects
(i.e. aims).
Legal Action subsequently failed to act upon
the Charity Commission’s recommendations
following an inquiry. This led to the Charity
Commission appointing interim managers to
assume operation of Legal Action in place of
its trustees. The interim managers have
assumed all the powers of Legal Action’s
trustees to act in the charity’s administration.
The interim managers are reporting to the
Charity Commission, investigating Legal
Action’s finances, ending any activities that
are not in furtherance of its charitable aims
and are making recommendations as to
Legal Action’s future operation and
application of its assets.
The Charity Commission has not yet
published details of any inappropriate
activities, but the appointment of interim
managers is not step that is taken lightly.
It emphasises the importance of trustees
ensuring a charity remains faithful to the
pursuit of its charitable aims as stated in its
governing document. It sounds obvious, but
there is a risk for all charities that mission
drift can occur over time if a charity’s objects
and activities in furtherance of these are not
regularly reviewed. Trustees need to be
familiar with and understand their charity’s
aims and ensure that the charity’s strategy is
to fulfil them. Trustees who do not ensure
this could be held to be in breach of their
duties. Aims that have become outdated or
obsolete should be amended with prior
legal advice and the Charity Commission’s
involvement. It is also very damaging to a
charity’s reputation to be on the wrong end
of a Charity Commission enquiry of this
nature and to say the least, embarrassing for
the charity’s trustees.
Gerry Morrison
The Charity Commission recently appointed interim managers to take
over the administration of Legal Action, a London-based charity also
known as Charles Henry.
The Gift Aid Small Donations Scheme enables a charity to claim Gift Aid on any cash donations it receives
which are under £20, even if the donor has not provided a Gift Aid declaration.
Risks for charities not acting in
accordance with their objects