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Charity regulators promise closer collaboration

Julia Seary
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The Charity Commission and the Information Commissioner have today published a new Memorandum of Understanding (MoU) which aims to enable closer working relations between the two regulators, including the exchange of appropriate information, in order to...

SORP is on the regulator's radar

Julia Seary
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The public continue to be concerned about financial transparency within the charity sector; charities’ accounts enable trustees to communicate effectively with interested stakeholders and provide assurance in terms of financial stability and accounting...

Six principles to help protect your charity when working closely with non-charity organisations

Julia Seary
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The Charity Commission has issued guidance to assist trustees managing their charity’s connections with non-charities (such as trading subsidiaries).  Essentially charities are being reminded by the regulator to act with probity and ensure that...

The growing threat of cyber crime: five protective steps

Julia Seary
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A recent government survey has revealed that over two thirds of high-income charities had recorded a cyber breach or attack in 2018. Of those charities affected, the vast majority (over 80%) had experienced an attack in the form of fraudulent email...

Ten top tips for charities operating with a non-charity subsidiary

Julia Seary
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  Ensure that the purpose of the non-charity subsidiary is to help the charity to make a positive difference for its beneficiaries. The linkage must be for one of the following purposes: trading to raise money for the charity; carrying out...

Trustee disqualification

Julia Seary
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The Charity Commission has used its legal powers to suspend and remove two individuals, who were trustees of The Suyuti Institute charity, for misconduct and mismanagement.  This means they are disqualified from being trustees or from holding...

The Charity Commission focuses on charities not reaching their potential

Julia Seary
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The Chair of the CC, Baroness Stowell, yesterday spoke of the need for charities to continue to strive to live up to public expectations so that the sector can be a much-needed source of hope, identity and pride.  The Charity Commission is focused on...

Charity data breaches and electronic communications

Julia Seary
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During the last 12 months there have been around 150 data breaches reported to the ICO regulator; to put it in perspective this equates to a 100% increase in just two years. Like it or not, all charities must comply with the GDPR; there are minimal...

Make digital work for your charity

Julia Seary
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We find that trustees are becoming more interested in how digital can create opportunities and add value to their charity - whether in terms of income generation, service enhancement or brand awareness.  In the ever-evolving digital world where...

Trustees should be aware of the risks of ransomware attacks

Julia Seary
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The Charity Commission has reminded Charities of the need to follow the protection advice issued by the City of London Police and National Cyber Security Centre. The key protection messages for all charities are as follows: •Install system updates on...

The unseen work of charities and their trustees

Sarah Banner
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As a charity lawyer I never cease to be amazed by the number of charities operating in and around Lincolnshire. Just before Christmas my firm had the opportunity to talk to trustees and volunteers of a number of those charities. We talked about the new legal...

Charities are reminded of the pitfalls in selling charity land

Julia Seary
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The Charity Commission has publicly reported its concerns in relation to the sale of charity property and concluded that the trustees of the Spiritualist Association of Great Britain were responsible for serious mismanagement in the way they disposed of...

Charities fined for Data Protection Act failings

Julia Seary
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The Information Commissioner’s Office confirmed last week that it has fined eleven charities which have been found to have acted in breach of the Data Protection Act by misusing donors’ personal data. The charities were investigated by the ICO...

The Commission uses its powers under the Charities Act 2011 to permanently disqualify an individual from holding a trustee position

Julia Seary
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Today the Commission’s Investigations and Enforcement department published its decision to permanently remove a trustee from being involved with any charity following a breach of the trustee’s duties to protect charity assets by using the charity...

Misconduct and mismanagement in the administration of an Ipswich Charity

Julia Seary
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The Commission has issued a press release this morning highlighting trustee misconduct and mismanagement in the administration of an Ipswich Charity – ‘The Kurdish Islamic Cultural Centre’. It was found that the trustees made unauthorised...

“Too many trustees are not familiar with their charity's governing document”

Julia Seary
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Paula Sussex, Chief Executive of Charity Commission has expressed concern that too many trustees are not familiar with their charity’s governing document, are failing to ensure proper control and procedures are in place and work, and don’t ask...

Do your charity managers meet the ‘fit and proper persons test’?

Sarah Banner
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It can be tricky, especially for smaller charities, to keep on top of the necessary administrative measures and legal requirements needed to remain within the regulations which govern charities and the way they operate.  The regulations are however...