We regularly provide advice to our clients on all aspects of best practice and good governance, including in respect of powers to enter into proposed arrangements where there might be some uncertainty.
A common area of advice is updating governing documents, and we have expertise on the legal requirements for all legal forms and structures, including trusts, unincorporated associations, companies, CIOs, statutory corporations and Royal Charter bodies, CICs, and Community Benefit Societies.
We also regularly advise charity trustees on their legal duties and responsibilities and assist and support our clients through difficult circumstances where Serious Incident Reports might be required, or Charity Commission inquiries are received. Liz Brownsell and Jen Marley are both on the panel of Interim Managers for the Charity Commission.
Another area in which we often advise relates to internal disputes, either amongst Trustees or between the Board and Senior Management team. Our experience in this area allows us to support our clients in putting appropriate governance arrangements in place to mitigate the risk of such issues arising. Where things do go wrong, we offer sensitive, pragmatic and effective advice and support to resolve the dispute as swiftly as possible to allow you to get on with advancing your charity’s purposes.
We regularly deliver training on key governance and regulatory topics, both in-house via our Shaping Excellence programme, and through free to attend seminars and webinars.
Our Experience
Liz Brownsell selected as expert adviser for Amnesty International
The selection came after Birketts was instructed to undertake a comprehensive review of the governance structure of the international movement. This work involved a review of Amnesty International’s key governance documents and the provision of a report summarising the governance structure, its interplay with key legal requirements, areas where there is scope for improvement and Birketts’ recommendations. Amnesty International is the world’s leading human rights organisation, campaigning against injustice and inequality.
Birketts advises UK [charity] on the UK regime related to regulated lending
We advised a [UK charity] on a proposal to move away from providing grants to beneficiaries and instead to provide them with non-interest bearing loans. We advised on the scope of the UK’s consumer credit regime and regulated activities regime, considering the relevant exclusions available. We also considered whether such activities would satisfy the business test set out in the Financial Services and Markets Act 2000.
Birketts advises the Sussex Horse Rescue Trust on Charity Commission regulatory action