Charity funding and fundraising

They are very realistic and have an integrity which has won them their reputation and means that they get listened to.

Chambers UK

Fundraising is a key function for many charities and one that is subject to increasing scrutiny from regulators and the general public. We have significant experience of advising charities in this area, encompassing the more traditional funding and fundraising methods as well as commercial trading and newer forms of fundraising such as crowdfunding and bonds.

Our charity law solicitors understand the importance of raising large sums of money and the balance that has to be reached in order to satisfy the regulators and ensure that all fundraising materials and activities comply with the appropriate rules and regulations.

Blending high quality technical knowledge with a common sense approach, we work closely with other legal practice areas across the firm to deliver an integrated service which is fully geared to client needs. Our commercial, defamation, data protection and intellectual property specialists all offer expertise which is relevant to the field of funding and fundraising.

We regularly provide guidance to charities on the use of their existing funds, which includes reviews of restricted funds, conditional gifts and endowment funds. Our solicitors advise on fundraising legislation and compliance with best practice as well as on structuring income generation programmes. We also have a dedicated team assisting on all aspects of legacies including legacy fundraising, legacy management, the administration of estates and legacy disputes.

Many charities engage us in relation to their trading subsidiaries. We are asked to advise on setting up new subsidiaries and on non-primary purpose trading, funding trading subsidiaries and agreements and SLAs. Clients consult us when activities are hived off into subsidiaries and on reviews and restructurings.

Another important area of focus is working with charities on new fundraising contract templates and providing training to the charities’ fundraising teams on the best use of template documents.

We offer expert advice on:

  • all forms of fundraising including commercial participator agreements, sponsorship contracts, corporate partner arrangements, licences for street collecting, telephone fundraising, social media campaigns and legacy materials
  • funding contracts, including grant funding, research grants, collaboration agreements and full service agreements
  • Fundraising Preference Service and data protection issues
  • taxable trading and trading subsidiaries
  • reviews of restricted funds and permanent endowment
  • charity retail and charity shops
  • charity fundraising regulations
  • charity lotteries
  • legacies
  • the mental capacity of donors

Recent work highlights

Clarification over donor's gift

Advising a charity in relation to a donor’s ability to make a significant donation to the charity following some doubts about her capacity to remake her will.

Trading analysis

Providing guidance to a charity on setting up a new trading subsidiary to run some of the charity’s commercial and non-primary purpose trading activities.

Data protection strategy

Advising a charity on mapping its data and reviewing internal data protection policies following a potential breach of its data protection rules.

Related expertise

Penningtons Manches Cooper LLP

Penningtons Manches Cooper LLP is a limited liability partnership registered in England and Wales with registered number OC311575 and is authorised and regulated by the Solicitors Regulation Authority under number 419867.

Penningtons Manches Cooper LLP