Our experienced lawyers offer exceptional advice and guidance across a broad range of legal areas. Our teams work together closely, providing holistic legal support to charities and not-for-profit organisations of all kinds and sizes.

We work with a variety of charitable and not-for-profit organisations in Hertfordshire, London and throughout the UK, ranging from small trusts to national charities. Our lawyers provide practical and cost-effective advice on the legal needs and regulatory frameworks of charitable organisations.

We have drawn together a team of lawyers from our trusts, corporate, employment, litigation and property teams with a particular interest and focus on the sector. Many of our lawyers also sit on trustee boards and committees so have a good understanding of the day-to-day issues facing charities.

We advise a large number of charitable organisations including religious charities, educational charities and care charities.

MDG Prof’s charity team is recognised in the Legal 500, one of the UK’s leading legal directories.

Incorporated charities

Our corporate team help charitable organisations including charitable incorporated organisations (CIOs) and those limited by guarantee as well as exempt corporate charities on a wide range of issues, understanding the interplay between corporate law, charity law and best practice.

Some of the areas we assist with are:

• setting up the legal structure of incorporated charities
• altering the constitution, objects or governing document of an incorporated charity, such as the articles of association, and liaising with the Charity Commission
• mergers of charities
• preparing board and shareholder resolutions advising on corporate governance/administration, director/trustee duties and company filings
  commercial contracts
• legal opinions relating to section 124 Charities Act compliance.

Unincorporated charities such as charitable trusts

Charitable trusts have unique requirements unlike other trusts including having to report to the Charities Commission. Our trust lawyers are able to advise and assist on a comprehensive range of services.

Our Wills, trusts and probate team help unincorporated charities on a range of matters, including, altering a trust (whether created in a Will or otherwise), acting as a trustee – powers, duties and responsibilities, advising on changes of a trust, Charity Commission Schemes, charitable legacies/bequests, probate services and estate administration.

Our lawyers work closely with charities on estate administration and how funds are distributed when a charity is involved. We advise charities on the options available to them, guide them through the administration and prompt the executors into action.

Our Wills, trusts and probate team is recognised as the top law firm in the area for private client work in the Chambers and Partners High Net Worth guide 2020.

Employment services to charities

Employment law can be complex and legislation is constantly changing. We help senior managers and trustees of charities and other not-for-profit organisations with a range of day to day employment issues such as

• drafting employment contracts and policies
• advising on managing performance issues
• handling flexible working requests
• dealing with issues surrounding pregnancy and maternity/shared parental leave
• addressing retirement and age discrimination issues
• handling disciplinary investigations
• resolving issues including negotiating settlement agreements.

We always look to resolve employment disputes amicably but if necessary, we can represent our client in an Employment Tribunal.

If the charity has limited HR resource then our Employer Support Service provides, for a fixed monthly fee, immediate access to a qualified specialist employment lawyer who knows the charity. We can also arrange protection against the financial exposure of an employment dispute. If a charity signs up to this service, we will undertake a free review of your contracts, policies and practices.

Property

Our commercial property team advise a number of educational, care and religious charities in Hertfordshire and North London. Our experienced team of lawyers provide our charity clients with the full range of legal services for their property. Our work focuses on buying and selling property, property development, property litigation, property asset management and property landlord and tenant.

We advise on the sale and acquisition of properties, as well as the ongoing management of investment properties owned by charities. We work with our clients on the whole-life-cycle of property ownership from acquiring leases and freehold property, to managing leases and property interests, through to disposing of property and terminating leases.

Our property team is nationally recognised for its work and is in the top tier in both UK legal directories, Chambers and Partners UK and the Legal 500 within the Hertfordshire area.

We regularly advise on charity properties including care homes, churches, almshouses and national headquarters.

Litigation and dispute resolution
We advise charitable organisations on contentious matters including litigation and alternative dispute resolution. Charities, like commercial entities, can become involved in commercial or property disputes. We are experienced in specialist court applications, claims and appeals which are common to the charity sector including

• contentious Wills, trusts and probate, including rectification and claims under the Inheritance Act.
• beddoes applications authorising trustees to become involved in litigation
• appeals against Charity Commission decisions
• property litigation
• problem tenants
• disrepair claims.

The Charity Law Association

The Charity Law Association plays a leading role in improving knowledge and awareness of charity law issues.

Our members are charity advisers, charity professionals, academics and others with a wide experience and knowledge of charities in operation. We are committed to sharing knowledge and experience for the benefit of the sector.

We meet together to exchange ideas and information on charity law and the impact of law on charities. We work together to respond to consultations from Government and regulators. We act together to raise issues where we believe improvements are needed.

What is the framework for decision making by charity trustees? 

The Charity Commission provides guidance for charities to understand how trustees should approach making decisions affecting their charity. Trustees must

• act within their powers
• act in good faith and only in the interests of the charity
• make sure they are sufficiently informed, taking any advice they need
• take account of all relevant factors
• ignore any irrelevant factors
• manage conflicts of interest or loyalty
• make decisions that are within the range of decisions that a reasonable trustee body could make in the circumstances

Can trustees take legal advice? 

Yes. As seen above, part of the framework guidance for charity trustee decision making includes taking any advice they need. There are a number of law firms with charity sector expertise.

When can trustees be personally liable? 

It’s extremely rare, but not impossible, for charity trustees to be held personally liable

• to their charity, if they cause a financial loss by acting improperly
• to a third party that has a legal claim against the charity which the charity can’t meet

Ultimately, charity trustees have the sole responsibility of always acting in the interest of the charity. If you are in any doubt when making key decisions, you should seek professional advice.

Please fill in the form and we’ll get back to you as soon as possible or to speak to one of our experts call 01296 392999