Legal Structure of the Charity in UK Law
Leading Cases
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First National Trustco (UK) Ltd v Mary Louise Mcquitty (as Personal Representative of the Estate of Kevin Page (Deceased) and as Representative for all the other Members of the Unincorporated Association Known as Bahia Blanca Holiday Club)
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When construing a document the court must determine objectively what the parties to the document meant at the time they made it. What they meant will generally appear from what they said, particularly if they said it after a careful process.
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Hanchett-Stamford v Attorney General and Others
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The thread that runs through all these cases is that the property of an unincorporated association is the property of its members, but that they are contractually precluded from severing their share except in accordance with the rules of the association; and that, on its dissolution, those who are members at the time are entitled to the assets free from any such contractual restrictions.
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Legislation
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Ecclesiastical Jurisdiction and Care of Churches Measure 2018
... ... 2018/720, art. 2 ... PART 2: LEGAL OFFICERS ... 28: Provincial registrar: ... the curtilage, or(c) an object or structure forming part of the land within the curtilage ... management of the administration of the charity, or(b) otherwise, by the person having the ... ...
- Legal Aid, Sentencing and Punishment of Offenders Act 2012
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Housing Act 1996
... ... (a) a registered charity whose address, for the purposes of registration ... ) has priority immediately after any legal charge securing an amount—(a) left outstanding ... to it, or(b) it consists of a moveable structure, vehicle or vessel designed or adapted for human ... ...
- Income Tax Act 1952
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Books & Journal Articles
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Social enterprise as a means to reduce public sector deficits
Purpose: Charitable organizations have long been held out as separate from other human endeavors. One of the ways that this distinction has been maintained is through the use of a tax exemption. Ho...... ... While charity gets its operatingincome from grants and ... In particular, it willexamine a new legal structure that some social enter prises are ... ...
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MUSEUMS, RESTITUTION AND THE NEW CHARITIES ACT.
... ... to introduce new possibilities for charity trustees in England and Wales (including museum ... , (10) which means compliance with their legal duties is not generally overseen by the Charity ... decisions according to their governance structure, so they need not personally decide matters in ... ...
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Fraud in small charities: evidence from England and Wales
Purpose: Despite the increasing awareness of fraud in organisations and the potential benefits of strong fraud management through deterrence and prevention in the UK, there remains limited research...... ... controlsystems and better governance structure.This paper addresses a very important topic charity sector. Whilst fraud and fund misappropriation ... aware of any best-practice guidelines and legal obligationsrelevant to their role, for example ... ...
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The employment law implications of charity mergers
Examines the employment law implications for charities considering merger. Considers the employment law problems that are involved in charity mergers and the different strategies that have been emp...... ... The applicationof the relevant legal principles may be particularly uncertain in the context of mergers ... With unincorporated charities (that isthose that adopt the legal structure of a trust or an unincorporated association ±as opposed to a company ... ...
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Law Firm Commentaries
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Charitable Incorporated Organisation: Charity Commission Confirms That Applications for Registration Will Now Be Accepted
The statutory framework approved by the UK Parliament on 3 December 2012 provides for the introduction of the Charitable Incorporated Organisation, a new form of limited liability structure created...... ... Incorporated Organisation, a new form of limited liability structure created in response to requests from charities for a structure that ... Like a company, a CIO has separate legal personality. Contracts can be freely entered into, and property can be ... ...
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Charity Tax : How a UK Charity May Avoid the Perils of UBIT
... ... , there are no restrictions on its ability to trade as an independent legal entity, its activities should not present a risk to the parent charity's ... its commercial activity within the UK to benefit from this structure, it should still be possible for the US charity to derive a direct ... ...
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Charity Update - 26 March 2013
... ... 18 March 2013 ... Charity Bank to change its structure ... Charity Bank announces it will change its structure and is taking ... Civil Society ... Legal survey ... Civil society is running a legal charity survey and is ... ...
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Benefits Of Vesting Charity Land In The Official Custodian
... ... Subsequently, the OC would hold the legal title to the land on ... behalf of the charity and the beneficial ... appropriate ownership structure of a charity property is context ... driven and would include a ... ...
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