Incorporation of existing charities

We frequently advise unincorporated charities (i.e. charitable trusts or unincorporated associations) on the relevance and benefits of incorporation to their charity.

Key services and issues

  • Articles of Association
  • Branch structures
  • Charity Commission registration
  • Charitable companies
  • Register of mergers
  • Risk and liability assessments
  • Social Enterprises
  • TUPE

Our work with incorporation of Existing Charities

We work closely with the charity concerned throughout the incorporation process from initial detailed risk assessments on the personal liability of trustees, through to full incorporation into charitable companies limited by guarantee and registration with the Charity Commission. This includes drafting the Articles of Association and subsidiary regulations covering appropriate categories of membership and election procedures. We have also assisted in the formulation of several different structures for branches, such as autonomous but affiliated groups and fully integrated groups.

Where relevant to the charity concerned, our colleagues advise on issues relating to property transfers and employees (including compliance with TUPE requirements).

We also advise on the transfer of assets from the unincorporated charity to the new charity, including drafting the transfer agreement, advising the trustees of steps they need to take and advising on issues relating to the register of mergers and winding up of the unincorporated charity.