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Charities and Nonprofit Organisations

 

We are proud to advise some of the leading charitable bodies and religious congregations on range of legal issues. Through this experience we have gained an excellent understanding of the legal issues unique to these groups. Our team boasts a wealth of familiarity with the charities sector and includes experts from across the firm’s departments.

New Charities / Not for Profit Organisations

If you are interested in setting up a charitable organisation we can guide you through the process from incorporation to securing the necessary regulatory approvals to make sure your organisation can carry out its charitable activity in the most effective possible.

We can assist you with the following:

  • Assist you in determining the best structure for your charitable activity;
  • Prepare your incorporation paperwork to ensure that it is in compliance with all Charity Regulator and Revenue Commissioners’ requirements;
  • Advise you in relation to the role of your board of directors who will be the charity trustees of your organisation;
  • Guide you through the application process to go on the register of charitable organisations in accordance with the process set down in the Charities Act 2009 and to secure a registered charity number (RCN number) for your organisation;
  • Guide you through the application process to obtain the charitable tax exemption (CHY number) from the Revenue Commissioners. Our tax team has specialist expertise in this area and a member of it will be able to assist you with this part of the approval process; and
  • After securing the necessary regulatory approvals for your charity we can then advise you on a day to day basis to make sure that you are in compliance with the qualifying conditions which attach to these approvals.

Existing Charities / Not for Profit Organisations

We can assist you with the following:

  • Ensure that your organisation is in compliance with the qualifying conditions attaching to its charitable tax exemption (CHY number) and registered charity number (RCN number);
  • Review your legal structure and governance documentation to ensure that it is fit for purpose and in line with good corporate governance;
  • Advise you generally in relation to your obligations under the Charities Act 2009 including governance training for your organisation, drawing up of codes of conduct and fundraising issues;
  • Advise you generally in relation to your obligations under the Taxes Consolidation Act 2007;
  • Intellectual property and data protection issues which may affect your organisation; and
  • Charity mergers.

 

 

  • Advisor to Ireland's largest independent hospital group in relation to their obligations and responsibilities arising from the Charities Act 2009 and under general tax law as holders of the charitable tax exemption / CHY status.
  • Advising a UK based charity which provides assistance to individuals with medical conditions or disabilities, and its trading company (a provider of health care plans in the UK and Ireland) in relation to Irish charities law generally. More recently advising the charity in relation to the possible establishment of a separate charity in Ireland to take account of the possible impact that Brexit will have on its work here.
  • Advising a leading provider of care and support services to older people in the Cork region across a broad spectrum of legal matters primarily in relation to maintaining its charitable tax status and in complying with the Charities Act 2009.
  • Advising a major benevolant fund in relation to the reorganisation as an unincorporated body and implications that this will have under the Charities Act 2009 and in respect of the charitable tax exemption / CHY status.

 

 

 

 

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