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Charity structures

Our dedicated specialists can advise on the relative benefits of becoming an incorporated organisation, with the ability to act as a single entity, or an unincorporated association, which relies on individuals to carry out transactions.

While for most organisations, the choice is between an unincorporated association and a company limited by guarantee, there are a number of other structures available, which we will now summarise:

  • Unincorporated association or trust: this is particularly suitable for small organisations, as it is easy and cheap to set up and run, with a lower level of regulation from an external regulator
  • Industrial and Provident Societies: these are classed as exempt charities, but have corporate status and can have share and loan capital.  These are however regulated by the Financial Services Authority
  • Company limited by guarantee: while these are regulated by Companies House and the Charity Commission, they offer limited liability and so are useful for organisations that employ staff, own assets and enter into contracts
  • Community Interest Companies: these are designed for social enterprises with a continual need to meet the interests of the community and retain their profits for such purposes
  • Charitable Incorporated Organisation: such organisations can reap the benefits of incorporation with a reduced regulatory burden, as they are only regulated by the Charity Commission

While it is possible to change the status of a charity, incorporation is a complex process and professional advice should be sought before taking any action.

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Charity Structures
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