We have particular expertise advising on all aspects of fundraising by charities, social enterprises and other ‘not for profit’ organisations.
Charity trustees have important legal duties to safeguard the charity’s assets, and diversity of income generation is an important mechanism by which they may satisfy these duties. Engaging in a wide range of fundraising activities helps to safeguard your charity against the risk of financial difficulties because of the sudden loss of a major source of income.
We offer specialist advice on professional fundraising and commercial participation arrangements, advising on the statutory legal requirements and drafting suitable agreements. We also advise on a range of fundraising campaigns, including on how to avoid the risk of a campaign ‘failing’ and the legal issues associated with ‘failed appeals’.
Our team has extensive experience advising on corporate sponsorships, including drafting sponsorship agreements and advising on key tax and VAT issues. We also advise on fundraising events, including the availability of tax and VAT exemptions for eligible events, and volunteer management.
We provide comprehensive advice on grants and gifts, including advice on GDPR and issues around ‘prospecting’ and ‘wealth screening’, drafting or advising on grant and gift agreements (including from international individuals) and on associated estate planning and personal tax issues for individual donors, and Gift Aid advice.
For charities with a broad membership, we advise on membership campaigns, including options for structuring membership arrangements, and on terms and conditions for services to be offered. We also advise on direct marketing, digital fundraising and marketing and social media campaigns.
Our Experience
Birketts advises Barnardo’s on million-pound grant agreement
Birketts Charities Team has advised Barnardo’s on securing a £1.6million grant to run a pilot project delivering an innovative new intervention in the UK. We advised on both the Grant Agreement and the subcontract, the first draft of which was prepared by a US subcontractor and required significant negotiation. Barnardo’s support vulnerable children and young people through front line services addressing their health, wellbeing and safety needs.
Key Contacts
Working with Commercial Partners: A Strategic Guide for Charities
Partnering with commercial organisations can unlock significant fundraising potential for your charity. Beyond generating substantial income, these partnerships help diversify revenue streams, reducing reliance on a single source and mitigating financial risk.
From a compliance perspective, working with companies is often simpler than engaging individuals. However, charities must comply with statutory requirements when entering arrangements with a professional fundraiser or commercial participator. These obligations are critical to ensure transparency and legal compliance.
This free Birketts guide provides practical steps and insights to help you navigate these opportunities confidently. If you need further clarification or tailored advice as you work through the guide, please reach out to us for additional support.
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