Charity Law

Our charity law practice is led by Khaled Moyeed who began his legal career in the Cabinet Office implementing various provisions in the Charities Act 2006 that represented the biggest overhaul of charity law for over 400 years. He has continued to build on that early experience providing a range of contentious and non-contentious services to charity clients.

As a boutique law firm, we boast an enviable list of charity clients ranging from household names to smaller community groups. We provide pro bono advice to our clients wherever possible. Our charity clients recommend us for our in-depth knowledge and a personable approach. We have set out below the breadth of our services for charity clients

Non-contentious

Advice on different charitable objects under the Charities Act 2011 and drafting objects clauses for charities’ governing documents.

We have given advice on which might be the most suitable structure for a new charity and recently assisted the Muslim Student Charity to convert to a Charitable Incorporated Organisation.

Providing advice and assisting charities to register with the Charity Commission is our key strength. Some of the charities we recently helped to register are: the Zay Initiative, Afghan Education and Welfare Trust and Al-Insaan Foundation.

Our team has in-depth knowledge of charity policies and governance. We have reviewed, updated and drafted a whole suite of policies and procedures for charities such as on anti-money laundering, anti-corruption, donation refund, partnership, media relations etc.

We have advised charities on putting in place a redundancy policy as well as advising on employment law matters and drafting a range of HR policies.

Our property team advises charity clients on property transactional matters as well as transferring property from an unincorporated association to a Charitable Incorporated Organisation.

We are experienced at making a range of applications to the Charity Commission such as an application under section 115 of the Charities Act 2011 for an order to bring charity proceedings or seeking permission to employ a trustee.

We regularly advise trustees on how to manage conflicts of interest and put in place policies to deal with conflicts adequately.

We advise charities on how to prepare for Charity Commission’s compliance visits by reviewing documentation, providing training and giving advice. We provided training to a large household charity to prepare for a compliance visit on due diligence and monitoring procedures and policies relating to operating in high-risk jurisdictions overseas.

We advise charities with fundraising policies and explain relevant laws and regulations that are relevant to fundraising.

In exceptional circumstances, donors may demand a refund of their donations. We are particularly experienced at advising charities in such situations and helping them to adopt a ‘donor refund’ policy.

contentious

We advise and assist charities in dealing with the Charity Commission on Statutory Inquiries.

Disputes between charities and their employees are common. We have experience of advising charities on how to deal with potential unfair dismissal and discrimination claims. We work with external counsel where specialist advice is required.

We have advised a number of charities on how to resolve disputes with trustees. Disputes might arise where a disciplinary action is taken against a trustee. We have provided robust defence to charities against disgruntled former trustees who threatened with legal proceedings.

In many respects, charities operate like businesses and enter into contracts in their own right for services. We regularly advise charities on contractual disputes that might arise including any damages to which they might be entitled.

Property disputes involving charities are common. These might arise where a charity owns premises or where it leased premises for its operations. We have advised a large multi-million pound charity on disputes arising from two commercial leases where the leaseholder company was compulsorily wound up.

We advise charities on reputation management. We have recently defended a charity against defamation claims from a former trustee. We have also sent a ‘cease and desist’ letter on behalf of a charity to stop its trustees being defamed by third parties.

Charities handle donations from members of the public. Sometimes, funds are mishandled or deliberately misappropriated. We have advised charities on the best ways to deal with such situations that involve the Charity Commission and/or criminal proceedings.

Charities regularly face problems with personal data breaches where trustees/employees might have processed data inappropriately. We advise charities on how to deal with GDPR breaches and put in place adequate measures to deal with GDPR.  

Some of our charity clients are listed below-

  • Human Aid
  • Muslim Council of Britain
  • East London Mosque
  • Justice for Rohingya Minority
  • Islamic Community Centre
  • Assunnah Islamic Centre
  • Muslim Student Charity
  • Development Trust UK
  • Biswanath Probashi Education Trust
  • Cambrdige Mosque
  • Eden Care
  • Ensign Youth Club
  • Hedgecock Community Centre

  • Muslim Community Association
  • Jalalabad Islamic Culture & Education Centre
  • Jagannathpur British Bangla Education Trust
  • Muslim Patel Burial Trust
  • SKT Welfare
  • UK Islamic Mission
  • The Zay Initiative
  • Afghan Education and Welfare Trust
  • Al-Insaan Foundation
  • Global Citizens UK
  • Mimbar Foundation

Please contact our charity law team on 020 3500 1447 or khaled@exons.legal for a no-obligation, confidential chat.