Charity governance and compliance

Trustees have a vital role to play in serving our communities. The charity law team at Penningtons Manches Cooper offers support and advice in an accessible framework, helping trustees to understand and comply with their legal responsibilities and to perform their duties as effectively as possible while they work together with all the stakeholders of their charity.

Guidance for trustees from charity sector experts

Our solicitors offer assistance to charity trustees of all types, whether they are already serving, newly recruited, or yet to start, and regardless of their level of experience. We encourage them to see their contribution to the charity as a journey during which they can continue to learn and improve at what they do. Our aim is to enable their charity to provide a comprehensive service to its beneficiaries as we guide them to avoid common pitfalls and act with a sound knowledge of their obligations.

We regularly carry out full governance reviews, advising on changes to governing documents, amending policies and procedures, and implementing new committee or membership structures. We also work with boards of trustees to provide regular legal updates and refresher trustee training, as well as offering more bespoke training and supporting major projects.

The team are expert in their field and provide sound advice and guidance in a timely manner.

Legal 500

Alongside day-to-day advice, our team provides guidance to trustees on strategic planning, complex initiatives and difficult decisions relating to serious incidents or safeguarding issues. We can offer this support on a consultancy/project management basis when required.

Many of our lawyers are charity trustees themselves, either in a personal capacity or through professional contacts. We are immersed in the charity sector and have been actively involved with influencing the development of charity law by liaising directly with the Law Commission, and taking a leading role in working parties of the Charity Law Association.

We have also been appointed to the Charity Commission’s interim manager panel, where our panel team members take on appointments to help resolve regulatory issues affecting charities.

How we help our clients

Understanding charity trustee duties and trustee training

Trustee support, including legal consultancy on project work and strategic decision-making

Reviewing and drafting policies and procedures

Reviewing governance arrangements for charities and advising on structural change

Reputation management and working with external regulators

Identifying risks, risk management and risk registers

Issues faced by international charities, including working in dangerous areas

Investment policies

Conflicts of interest

Serious incidents, charities in distress, and Charity Commission investigations

Useful resources

Recent work highlights

Charity Commission statutory inquiry

Advising a charity in relation to the Charity Commission’s statutory inquiry into its activities following concern about its governance arrangements and a number of historic transactions.

Tailored training for trustees

Providing bespoke training to the boards of trustees of various organisations, including national and local charities, schools, Cambridge and Oxford colleges, and universities, on a variety of topics, including managing conflicts of interest and serious incident reporting.

Comprehensive charity governance review

Conducting a full governance review of a large, international charity with a complex structure of branches and memberships, advising on areas for improvement and ensuring compliance with legal responsibilities.

Compliance check for international charity

Undertaking a review for an international charity to confirm that systems were in place which ensured that all appropriate laws and regulations were being observed.

Board of trustees safeguarding decision

Assisting a board of trustees with its obligations in relation to making effective decisions on behalf of the charity in a very difficult and highly sensitive safeguarding situation.

Complex international not-for-profit project

Advising on the governance aspects of a new project for an international not-for-profit, including multi-layered compliance aspects, terms of reference and lines of accountability.

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