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Advising
on the merger of the Royal Philanthropic Society and Rainer to make
Rainer Crime Concern |
"The merger of Rainer and Crime Concern made perfect sense for
solving young people's problems at home, at school, in their
families and in the community but we had to overcome some legal
differences between the two charities in order to bring them
together. We particularly appreciated the practical no
nonsense approach of Elizabeth Davis and her team of charity
lawyers at Blake Lapthorn in helping us to achieve an amicable and
timely merger." Joyce Moseley, Chief Executive,
Rainer
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Charity - Overseas Aid
Agency
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insolvency and employment advice
We acted for a children’s overseas aid charity in
connection with an alleged abuse of funds by a professional
fundraiser and conflict of interests involving the founder and
chief executive. Advising on related insolvency and
employment issues. The work involved clarifying the duties of
the board of trustees many of whom had not taken an active interest
in the proper governance of the charity.
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Charity - Arts
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setting up a charity, wills and
administration
We advised a new arts charity being established to promote the
public’s understanding and interest in a collection donated by
means of a charitable bequest. The work involved advice on
the appropriate wording of the constitution of the new charity,
establishment of a charitable company and advice on the contractual
relationship between the charity and a public sector body.
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Charity -
Governance |
professional association charity
We advised on the reform of the memorandum and articles and
rules and regulations and board policies of association of a
professional association, including the revision of the composition
and voting arrangements for the members and the board of directors,
updating the memorandum and articles of association to comply with
current law and advising on the duties and responsibilities of the
directors and charity trustees.
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| Charity
- Education |
restructuring in connection with a capital
project
We acted for a school in connection with a capital project to
build new facilities at the school. The work involved
advising on professional and construction contracts and in relation
to a governance restructure to enable the school to operate more
effectively, to address the forthcoming legal requirement for the
school to be able to demonstrate how it provides a public benefit
in its work and creating the opportunity for significant
efficiencies in the costs of the capital project. We also
advised on the Charities Act requirements for the disposal of land
to a subsidiary and connected person and for the borrowing of funds
secured on land by a charity.
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| Social
enterprise |
setting up a CIC
We advise a community enterprise on the establishment of a
community interest company or CIC including advising on the public
benefit statement, funding requirements, the transfer of existing
assets and operations to the CIC.
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Charity - National welfare organisation and professional
organisation
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merger; review of governance
We advised on the merger of a charitable fund as a restricted
fund with a charitable company limited by guarantee and
simultaneous revision of the memorandum and articles of association
of the receiving charity to modernise the governance of the
organisation, to help the trustees to have more control and
accountability and to rationalise the voting structures of the
organisation. The work involved obtaining Charity Commission
approvals under section 64 of the Charities Act and providing
advice to support negotiation with members and other interested
parties in order to reached the required consensus to make the
changes.
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Charity - Seafaring charities |
merger of chartered charitable organisation with a
charity governed by act of parliament
We advised a seamen’s welfare organisation in connection with
the merger of a pension fund with the charity. The work
involved obtaining formal authorities from the Privy Council and
scheme of the Charity Commission.
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Golf clubs, community amateur sports clubs
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We advise golf clubs on the tax and governance
implications of conversion to a community amateur sports club and
charitable community amateur sports clubs including drafting
suitable memorandum and articles of association, structural plans
and applications for charitable status. We also advised on
the transfer of existing operations into the new charitable body
and on ongoing good governance and helped in creating a low cost
streamlined package to enable other sports clubs to adopt the same
route.
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Charity - trading company
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Designing standard advice and drafting and systematising the
process involved in setting up a trading company and by a charity
financing it using charitable funds in order to provide a low cost
solution to charities wishing to set up a trading company
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Charity - setting up a charity
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Designing standard advice drafting and systematising the process
involved in setting up a charity in order to provide a low cost
solution to charities wishing to set up a charity.
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Charity - incorporation
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Designing standard advice drafting and systematising the process
involved in incorporating a charity including advice on pros and
cons, the process involved, whether to use a company limited by
guarantee or a charitable incorporated organisation (under the new
Charities Act 2006) in order to provide an economic solution to
charities wishing to incorporate.
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Charity and Social Enterprise - Arts
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We acted for a major grant giver to arts organisations on grant
funding for capital projects on a secured basis - dealing with
funding agreements, security documentation, title investigation,
inter-creditor issues. Particularly interesting work has
involved often major news worthy projects funded by national grant
funder(s), including galleries, theatres, community arts projects
where the documentation is often bespoke and
complex.
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Charity - welfare winding
up
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We acted for a welfare charity in its wind and disposal of
property to a housing association. Dealing with unusual restrictive
covenant on title in favour of local authority, housing association
purchaser. The work involved expertise in Charity law and
commercial as well as property.
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Charity - environmental
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We advised on the setting up of a charity to purchase carbon
credits, putting them beyond use. In particular we helped the
client ensure the requirement for the trustees to be independent
was fulfilled.
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