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All for a good cause

LEADING regional law firm Tollers has long-standing experience of advising clients in the charity and not-for-profit sector helping each fulfil their commercial and practical potential.

Its team of experienced lawyers is headed up by Gary Tait, Equity Partner and Head of the firm’s Commercial Services Division, who like others has long running relationships with charities.

Gary works with several charities including Lakelands Hospice, the Corby Cube Theatre Trust Limited and The Travers Foundation, a charity supporting 13 to 30-year-olds to improve their skills in sports and the creative and performing arts.

Specialists from across the firm come together depending on the needs of each client.

Gary said: “The team’s goal is always to understand the aims and vision of each client organisation and to work with them to achieve commercial and practical solutions.”

The team advises organisations across a broad range of sectors including sports associations, educational institutions, theatre and creative arts, health care and counselling, and faith based charities in relation to a diverse range of issues including:

* Formation and structure

* Governance and compliance

* The role of trustees and directors

* The use of funds procurement

* Trading issues

* Property issues

* Creating an academy or multi-academy trust

* Joining and existing multi-academy trusts

* Legal formalities and commercial due diligence

* Admissions, SEN appeals, safeguarding, exclusions and complaints

* Legacies and disputed wills

* Employment and HR advice, including TUPE consultations with employees and Trade Unions

* Health and safety

* Commercial contracts

* Data Protection

* Freedom of Information requests

A key specialism is in relation to the establishment of academies. Associate Solicitor Ryan Chia has particular expertise in this area and has advised a wide range of schools and multi-academy trusts. Issues have included the academy conversion process, corporate governance, dealing with third party interests (including faith-based affiliations and Private Finance Initiative (PFI) arrangements), and all the necessary interaction with the Department for Education and local authority.

What our clients say:

“Each time we have had to commission your services the level of service, attention to detail and guidance provided has, without fail, been outstanding. Thank you.” – Manor Learning Trust.

“Many thanks to Tollers Solicitors who have done a sterling job. The support received from Tollers was truly second-to-none. Their approach was personalised… they asked the right questions. We were in the safest hands possible. Tollers have saved us a great deal of money in not appointing a rather expensive Project Management Team, and yet, they have in the process, left no stone unturned.” – The Hazeley Academy

Senior Associate Solicitor Mark Reynolds and other members of the real estate team offer a wide range of services to help and assist charity clients in relation to their property dealings such as leases or sales of charity-owned land. Few acquisitions or disposals of property involve getting the formal consent of the Charity Commission. Instead, most property related transactions concerning charities involve compliance with particular requirements of the Charities Act 2011.

Mark and the team can advise on which elements of the Charities Act 2011 need to be complied with. Typically, this would involve advising on:

* The ownership and title of the land

* The special procedures to be followed in relation to, disposing of, acquiring and mortgaging charity land

* The preparation of particular statements and certificates in the property documentation

* The restrictions on and obligations where charity land is being transferred to a connected person

Not all charities are required to follow the full statutory procedures involving a disposal of charity land. For example, the rules are more relaxed concerning disposals for exempt charities or for adding a new trustee as an owner of land already held by an unincorporated charity.

Nevertheless, the rules relating to charity land are varied depending upon the type of charity involved (e.g. there are different rules for exempt and non-exempt charities), the type of transaction (e.g. there are different rules for mortgages and land sales or leases) and the person the charity is dealing with (e.g. there are different rules where there is another charity, or the beneficiary of a charity involved). Tollers can help with negotiating these and keeping the charity on the right side of the law.

Outside of the charity sector, the team is also experienced in dealing with a range of not-for-profit organisations including sports associations, clubs and mutual societies. The team has recently been working with community benefit societies and advising on the legislation applying to those organisations and their reporting and registration requirements with the Financial Conduct Authority.

For more information on how the team can assist you with your requirements Talk to Tollers on 01604 258558.

Companies mentioned in this article

Tollers

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