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BULLETIN NOVEMBER 2008
Subscriptions to this bulletin are climbing, so if this is your first one…My name is Daryl Martin.
I head up a team of charity specialists whose aim in life is to free you up to do what you are there to do.
This is a monthly bulletin going out to our clients, friends, contacts, friends of friends (well you get the drift),
to keep them in touch with charity law, and anything else that might be helpful for them to know about.
If you have anything to do with the world of charities, please read on, there might be something to excite your attention, who knows. REGISTERING A BUILDING AS A PLACE OF WORSHIP:
I’m sure everyone knows about this, but just in case: if you register your building you can then claim complete
exemption from non domestic rates, not just the 80% that charities normally get.
Contact us if you need help.
COMPANIES ACT 2006 AND CHARITIES ACT 2006 (1993 Act as amended):
Under the new legislation, charities and companies are subject to huge change. Some changes are mandatory.
For example, there are a couple of provisions of the Companies Act that will override the current provisions of a (charitable)
company’s governing document. It is more important than ever that charities proceed with caution. There are areas that even the
specialists are having difficulty with. The new Register of Mergers for charities may not provide all the protection that charities
require when they incorporate, merge or amalgamate with other charities. Please
contact us for the latest information or talk to your own professional adviser.
CIO:
The CIO may not be quite so simple to operate as first thought. Charity legal specialists are expressing
concerns about some of the fine print of the draft regulations and saying that they are inadequate in terms of the protection they
will give to charity funds. I am not getting into detail, it’s too early for that, but it’s encouraging to note that the experts
are looking carefully at the detail that is slowly emerging. We won’t be recommending them to our clients until we can give them
a clean bill of health.
Contact us for the latest information.
CONFLICT OF INTEREST RULES:
Many charitable companies will need to review their governing instrument to make sure they don’t fall foul of
the new law on conflicts of interest. A section of the Companies Act 2006 imposes a new duty on companies to pass a resolution
stating how they will deal with conflicts of interest. There are complications so don’t try to DIY. James Sinclair Taylor a senior
charity lawyer has warned that the CC model constitution for companies is not comprehensive enough to cope with the significant
impact these new duties will have on charities.
Contact us for further information either about Conflicts of Interest or to arrange a review of your governing document.
DELIRIOUS? BAND BREAKING UP:
This band, which has been blessing us for many years decided it’s time to call it a day. They are parting while they are still best friends which can’t be bad. We haven’t seen the last of them. 2 websites created by band members moving onto fresh pastures (and joining our list of clients) to check out: www.bigchurchdayout.co.uk , a great day out next May if you’re in the South of England. The other one is Compassionart which is Martin Smith’s baby (but growing fast) Try this link for a free album track: http://ecards.fiercedistribution.com/compassionart/
TIME TO REVIEW YOUR CHARITY INSURANCES:
We have some new friends in the charity insurance market: www.tennysoninsurance.co.uk takes you to their
website. They insure with Zurich who already provide cover for more than 16,000 charities. I popped into see their team in action
a couple of weeks ago and was impressed. Their strategy is simple but effective: they offer a free insurance review to charities.
I looked at a couple they were working on. They spent a couple of hours reviewing a charity that teaches children to dance.
Understandably they thought the accidental damage cover was a bit low, so they proposed it be doubled. They queried whether other
cover was necessary. Overall they improved the cover and made a saving of over £500. They showed me another case where they made
recommendations which led to a saving of £5,000, but that’s showing off. Still you never know. The review is free and without
obligation and no hard sell, so you have nothing to lose. Give them a call now on 08450822446.
CHARITY COMMISSION:
Their latest newsletter, just issued, covers a wide range of issues and is worth looking at.
www.charitycommission.gov.uk/tcc/ccnews28.asp Some interesting comments about the CIO that I haven’t seen before.
Nice to see public organisations being honest.
AND FINALLY(1)........
My granddaughter is a smart kid. Her 6th birthday is coming up fast. When we sat
down to dinner the other day, she asked if she could bless the food. ‘Dear Lord’, she began, ‘Thankyou for this lovely lunch, (pause)
and thankyou for bringing Grandma and Grandpa here today. (Another pause), and please Lord, let us have a good time at
Toys ‘R’ Us this afternoon’.
And an alternative story of creation which I have to say resonates with me:
On the first day God created the dog
On the second day God created man to serve the dog
On the third day God created all the animals of the earth (especially the horse) to serve as potential food for the dog
On the fourth day God created honest toil so that man could labour for the good of the dog
On the fifth day God created the tennis ball so that the dog might (or might not) retrieve it
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