Khalid Sofi , Ed Henderson , Reshma Derasari , and Nicholas Thompson attended the Charity Leaders Breakfast hosted jointly by Barclays Private Client Bank, HaysMac, and Lee Bolton Monier-Williams LLP at Westminster Abbey House as part of...
Strong governance and strict regulatory compliance are essential to the success and sustainability of any charitable organisation. Trustees have a legal duty to ensure that their charity operates in line with its governing document, relevant legislation, and complies with its regulatory obligations.
The LBMW charities team works closely with trustees to provide practical advice to assist with good charity governance and to protect the charity’s reputation. We assist charities in a number of charity governance issues, including advising on:
- Trustee duties and risk management;
- Drafting and reviewing governing documents;
- Handling serious incident reporting;
- Compliance with fundraising regulations;
- Charity Commission investigations and inquiries;
- Comprehensive governance review of charitable organisations.
Contact Our Expert Charity Lawyers Today
If you require any assistance or advice on charity governance, contact our expert charity lawyers:
Phone no.: 0207 222 5381
Email: khalid.sofi@lbmw.com.
You can also make an enquiry by filling out the Enquiry Form on www.lbmw.com.
Lee Bolton Monier Williams – Expert Charity Governance & Compliance Solicitors
Trustee Responsibilities and Risk Management
The LBMW charities team specialises in providing clear, practical advice to trustees to enable them to understand and fulfil their trustee duties with confidence. Having a confident board of trustees is key to avoiding governance issues. We frequently assist trustees with developing strong policies and procedures to create a solid charity governance structure to protect the charity from reputational harm and regulatory intervention. By embedding best practices and addressing weak points before they become an issue, we help minimise the risk of Charity Commission investigations, internal issues or reputational damage.
Drafting and Reviewing Governing Documents
A well-drafted governing document reduces ambiguity, prevents internal disputes, and protects your charity from regulatory risk.
We provide support to charities with reviewing, updating and drafting governing documents to ensure they are unambiguous, clear, and comply with both legal and regulatory obligations. Whether you need to modernise an outdated constitution or draft a new one from scratch, we can help to ensure that your charity’s governing framework supports effective decision-making and meets current best practice and Charity Commission standards.
Handling Serious Incident Reporting
Submitting serious incident reports to the Charity Commission when required is a critical part of responsible charity governance. When something goes wrong, prompt reporting shows that the trustees are acting transparently, and taking appropriate steps to manage the risks. It also allows the Charity Commission to offer support where needed.
Our charity lawyers help by providing clear guidance on what qualifies as a serious incident, assisting trustees in making decisions about whether to report. We can further assist with reviewing and refining these reports to make sure that they are accurate and aligned with regulatory expectations. We can also provide help to charities to implement corrective action, reducing the risk of recurrence.
Charity Commission Investigations and Responses
Our charity lawyers provide clear guidance and support to charities facing Charity Commission investigations and inquiries. We guide trustees through the whole process, from initial engagement with the Commission through to the closing of the engagement, with the goal of helping your charity achieve compliance, maintain public trust and protect the charity’s reputation. Our aim is always to ensure that the charity’s responses are timely, comprehensive, and aligned with the expectations of the Regulator.
Charity Commission Investigations: https://www.lbmw.com/site/sectors/charities-not-for-profit/charity-commission/
Why Choose Our Charity Law Specialists?
Charity law has been a central part of our practice for more than 150 years and we are recognised as one of the leading charity law firms in the country. Our charity lawyers are knowledgeable and versatile, delivering timely, practical and cost-effective advice to charities and not for profit organisations across all sectors.
All our charity lawyers are members of the Charity Law Association and are engaged widely in the sector either as members of CLA working groups, trustees, school governors or advisors.
We have strong links with the Charity Commission, Privy Council and other stakeholders and run seminars throughout the year examining the latest challenges and opportunities posed by the ever-changing legal and regulatory landscape.
Charity expertise overview: https://www.lbmw.com/site/sectors/charities-not-for-profit/
Frequently Asked Questions About Charity Governance and Compliance
How can a solicitor help my charity ensure it meets Charity Commission regulations?
Our solicitors can help your charity meet the Regulator’s requirements by providing expert legal advice and practical support across a range of charity governance issues. From ensuring the charity’s governing document is up to date and fit for purpose, to advising trustees on their legal duties, we can help lay a strong foundation for good decision-making and accountability.
When should a charity seek legal advice on serious incidents?
Charity trustees may seek legal advice when dealing with serious incidents, particularly where the situation involves legal complexity, uncertainty, or potential consequences for the charity or its trustees. Legal support ensures that the incident is reported appropriately, that trustees meet their legal duties, and that the charity takes the right steps to mitigate harm. It also helps protect the organisation’s reputation and ensures compliance with regulatory expectations.
Early legal advice can be particularly important where trustees may be personally implicated, where criminal activity is suspected, or where beneficiaries might be at risk.
Can a solicitor help us review and update our charity's governing document (e.g., constitution, trust deed, articles of association)?
We can provide support with reviewing or updating governing documents, whether it is a CIO Constitution, a trust deed, Articles of Association, or a set of documents governing the charity together. Whether you need to modernise an outdated constitution or draft a new one from scratch, we can help your charity to ensure that its governing framework is unambiguous and meets legal and regulatory requirements.
What are the legal implications of fundraising activities for charities in England and Wales, and what advice can solicitors provide?
Fundraising activities for charities in England are subject to a range of legal requirements, including compliance with the Charities Act and the Fundraising Regulator’s Code of Fundraising Practice. Solicitors can advise charities on how to structure fundraising activities to comply with these legal obligations. This includes reviewing fundraising practices, drafting fundraising agreements, or helping charities manage risks inherently associated with raising funds from the public. Legal advice is especially important when launching large-scale fundraising campaigns, dealing with complaints, or where a charity wishes to enter into partnerships with corporate sponsors.
