Even though becoming a charity has its advantages, it may not be right for your organisation. This guide will help you to determine whether it is the best option.
We set out the key factors to consider when setting up a new charity in England or Wales. Read on to find out if your organisation will meet the charity test and where to get expert help.
As a general rule, starting up a charitable foundation involves six steps:
Having set up a charity, you may qualify to get certain tax reliefs. But, you would need to get recognition for tax purposes by HM Revenue and Customs (HMRC) to benefit from the incentives.
In most cases, the first step will be to find trustees for your charity (usually 3 as a minimum). The Charity Commission can advise charities on how to recruit trustees, select the right ones for appointment, and then induct them.
Note: The guidance notes 'finding new trustees CC30' answers many of most common questions. It also sets out a framework for the trustee recruitment process.
The 'charitable purposes' of a charity must help the public in some way (e.g. for public benefit) and may include things that contribute to:
United Kingdom law does not allow the setting up of a charity to help only 'one' specific person!
The name of your charity must not:
You can search the charity register to check names already registered as charities in the United Kingdom. But, it will not disclose information on any unregistered charities.
You would need to list any alternative or working names used by your charity when you apply for the registration.
You can use non-English words in a charity's name. But, you would need to include a translation of any used when you register the name.
The rules allow the use of 'charity', 'charities', or 'charitable' when naming a charity. But, the Charity Commission must approve it if you register it as a company name with Companies House.
There are four common types of charity structures. It is important to choose a structure for your charity that matches the aims because it will affect:
Charitable companies must be limited by guarantees when you register (not shares). So, you would need to select 'private company limited by guarantee' on the form. The fee for registration is £40.
Note: The trustees would have limited liability (or none) for debts or liabilities of a charitable company.
Use Form IN01 to register a charitable company with Companies House. In some cases, you may also need to use continuation pages if you need extra space to write. Use form IN01c if you need the Welsh version.
You would create this kind of incorporated structure designed for charities by registering it with the Charity Commission (not Companies House).
Note: The trustees would have limited liability (or none) for debts or liabilities of a charitable incorporated organisation.
This type of charity structure creates a way for the trustees (a group of people) to manage assets. The assets can be investments, money, land, or buildings.
The rules do not allow unincorporated charitable associations to employ staff or to own premises. But, it is an uncomplicated way for a group of volunteers to set up and run a charity for a common purpose
You can consider the 'governing document' as a rulebook for the charity. The main purpose of a governing document is to explain how the charity will be run. It allows the trustees and other interested parties to determine:
The structure of your charity will determine the type of governing document that you need. Guidance notes CC22b explain how to set out its purposes and how to write rules in the governing document (including templates).
Trustees of the charity must meet together to sign the governing document. Setting up a charitable trust means you would also need an independent witness.
Note: You can use your own templates to create your own governing document. But, doing so can delay the registration process.
You will need to apply to register a charity if yours:
During the application process the Charity Commission will ask about the charitable purposes of your charity, and:
Other information and documents that you will need to supply include your charity's name, and:
Proof of income is not always needed, but when it is you can use:
Note: The laws and regulations of charities vary. Even so, the funds of charitable organisations must not profit entities or any individual persons.
Setting Up a Charity in United Kingdom