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Charities legal services news
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Charities reminded of regulatory changes
05 July 2010
Good causes are being reminded to check whether or not they are likely to be affected by changes to the Charities Act 2006 (2006 Act) regulatory system. According to the Charity Commission (CC), these alterations will affect all English and Welsh charities, unless they are a charitable incorporated organisation (expected to be an available structure in 2011) or a charity which is exempt from supervision by the CC (on the basis that it is already supervised by another regulator).
Historically certain charities were excepted from the requirement to register with the CC. One of the changes brought into force in January 2009 was that all excepted charities with an annual income in excess of £100,000 were required to be officially registered by October 2009.
Excepted charities with an income below this threshold will remain exempt from registration until 2012 as further assessment of the Act is carried out.
Furthermore, certain exempt charities have also been impacted by changes to the 2006 Act. The 2006 Act changes the classes of exemption and will see charities which were previously exempt from the requirement to register being reclassified as excepted charities. If the reclassified charity has an annual income in excess of £100,000, then it will now also be required to officially register with the CC.
The remaining classes of exempt charities are to be made more accountable for compliance with their charity law obligations, which will be monitored by their Principal Regulator (e.g. the Department for Culture Media and Sport for various museums and galleries, or the Department for the Environment, Food and Rural Affairs for Kew gardens) and the CC. Principal Regulators will be tasked with the job of promoting compliance with legislation to the charities' trustees.
If you require legal advice, for either your private affairs or organisation, please call Buckinghamshire based B P Collins Solicitors on 01753 889995, complete the online enquiry form or email enquiries@bpcollins.co.uk.
Posted by Diane Gill
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