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Charities

Assisting a new not-for-profit housing organisation to: (1) incorporate as a company limited by guarantee, obtain registration as a charity and obtain registration as a registered social landlord, (2) set up a subsidiary (company limited by shares) to undertake non-charitable trading activities (3), acquire a Council's housing stock by way of a large scale voluntary transfer, which included ensuring our clients would be able to undertake significant regeneration projects and manage housing transferred to them.
Setting up new charities and obtaining charitable status for existing clients that previously did not have charitable registration.
Assisting a charitable client on queries raised by the Office of the Scottish Charity Regulator (OSCR) in response to representations made to OSCR by a third party.
For an existing charitable client (a regeneration company) and its subsidiary, we negotiated complex contracts to ensure that the regeneration and community benefits our clients wanted to achieve could be progressed.
An existing charitable client proposed to undertake a new activity and we corresponded with OSCR to ensure that the proposal was an acceptable charitable activity offering appropriate public benefit in the context of the charity's objects and charity law.
Advising non-charitable clients, (e.g. RSLs and other non-charity clients), on the implications of seeking charitable status and the regulatory regime for charities.
We acted for a charity established by Act of Parliament in a fundamental revision of its constitution. This resulted in the promotion of an Act of the Scottish Parliament and involved a consultation process prior to introduction of a Private Bill, which we drafted. We also drafted the statutorily required Explanatory Notes, Promoter’s Statement, Promoter’s Memorandum, advertisements and other ancillary documentation. The Bill was then subject to a full Scottish Parliamentary reading and committee process in which we assisted our client in production of all required documentation, formal notices and in giving evidence to the relevant Parliamentary committee. The Act was passed in the Scottish Parliament and enacted, allowing our clients to up date their constitution and manner of operation.
For various clients, some of which are charities, others considering charitable status, we have given presentations regarding the implications of charitable status and OSCR's regulatory regime.
Advising an existing charitable client regarding various intellectual property matters, for example, advising on a possible franchise arrangement to access particular web-based intellectual property for a fund-raising venture and negotiating and completing licence and copyright agreements.
Advising trustees in connection with their duties and obligations vis-a-vis the Charity itself and the employees.
Governance advice: for example, amendments to a constitution to reflect changes in founding members and membership agreements.
Advice on development proposals by charity RSLs, where house building or refurbishment followed by sales on a shared equity scheme or other low cost home ownership scheme are being proposed.

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48 St. Vincent Street Glasgow G2 5HS
T: 0141 221 8012 F: 0141 221 7803 E: lawyers@bto.co.uk

Charities

Experience