Registration of a charity by an overseas charity
Acted for the European Association for the Study of Diabetes on the establishment of an English charity
The European Association for the Study of Diabetes is the pre-eminent European body for specialists working in diabetes. It is a not for profit company registered with the German courts. It had been operating directly in the UK and in particular publishing its learned journal, Diabetologia. EASD decided to set up an English charity to take over its UK charitable activities. We gave advice on the governance links between EASD and the English organisation having regard to what would be acceptable to the Charity Commission in a founder/charity relationship.
We drafted the Articles of Association and, as we were dealing with a German client, we had to explain aspects of English company/charity law with which they were totally unfamiliar. We prepared the application the Charity Commission who needed to be satisfied the English trustees would act independently of EASD regarding the level of control which could be exercised over the English charity. After liaising with the Charity Commission we worked out a governance approach which would be workable and acceptable both to the English charity and EASD as well as the Charity Commission and subsequently obtained registration of the English charity, European Diabetology.