Charities face extensive regulatory oversight under the Charities and Trustee Investment (Scotland) Act 2005, which sets out a detailed charity test and public benefit test for all Scottish charities and cross-border charities operating in Scotland. The act also provides extensive regulations on operational aspects, starting a charity, or indeed dissolving a charity or merging with other bodies.
Setting up a Charity
Turcan Connell can provide comprehensive advice about how to set up a charity, and thestructures, constitutions and governance arrangements best suited to newly created charitable organisations. Ensuring compliance with these statutory requirements is essential when starting a charity, in particular for successful entry onto the Scottish Charity Register. Turcan Connell's dedicated Charities Legal Team is highly experienced in dealing with the Office of the Scottish Charity Regulator (OSCR) and the provisions of the 2005 Act.
You may decide that merging with another charity will be beneficial and allow for a more efficient and profitable organisation. Merged charities face the same regulatory issues as newly set up charities, and we guide applicants through the entire process to ensure that all necessary consents are obtained.
Dissolving your Charity
As well as helping with the set up of new charities, our team of specialists also help charities coming to the end of their lives to find the most cost-effective way to achieve a smooth winding-up. We will ensure that any remaining funds can be properly applied within the spirit of the legislative framework.