Guides & Advice. Charities and Education
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1 Guides & Advice Charities and Education
2 Our Charities and Education team Because we have been advising charities, schools and other not for profit organisations for many decades, we understand the challenges that our clients face. Home to one of the largest dedicated teams in the region, our specialist expertise is nationally recognised by the UK s major legal directories, Chambers UK Guide and The Legal 500. Our clients include both local and national charities and leading universities, colleges and schools. We advise charitable trusts, charitable incorporated organisations (CIOs), companies limited by guarantee, community interest companies (CICs), social enterprises and philanthropists. Our team provides a full range of legal services to help clients deal with every aspect of running their organisation, advising on areas including constitutional issues, governance arrangements, trustee duties, commercial and operational issues, tendering and procurement, brand protection, collaborative working and mergers, property and planning, employment matters and dispute resolution. You ll find our highly experienced team enjoyable to work with. We strive to provide quick, sensible, realistic and clear advice in the rapidly changing legislative and regulatory environment affecting the sector. We adopt a flexible approach and aim to work with you in the way that suits you best. Our team has been invited to speak at events including the Berkshire Community Foundation s charity symposium, Crowe Clark Whitehill s annual charity conference and a seminar jointly hosted with Lloyds Bank, Aitchison Raffety and Crowe Clark Whitehill. Charities and Education Blandy & Blandy has an exemplary charities and not for profit team. The Legal 500 Excellence Integrity Approachability
3 Our legal advice and services Registrations & incorporations Constitutions & governance Operational & commercial Issues Tendering & procurement Regulators Collaborative working & mergers Trustees duties & training Employment matters Property & planning Brand protection Registrations & incorporations It will help you in the long term if you start with the right structure - one that is best suited to meet your objectives. We will help you choose the legal structure that is best for you and we are experienced in: Registering new charities (involved in, for example, education, religion, healthcare and relief of those in need) at the Charity Commission as charitable trusts, Charitable Incorporated Organisations (CIOs) or charitable companies limited by guarantee Registering other not-for profit organisations as companies limited by guarantee, community-interest companies and social enterprises at Companies House and the Community Interest Company Regulator Incorporating unincorporated charities as CIOs and charitable companies, so that existing charities may obtain the benefits of being a corporate entity and trustees liabilities are limited Constitutions & governance In an increasingly stringent regulatory environment, it is important that your initial constitution and your on-going governance meets both your and the regulator s needs. We understand that constitutional structures and governance arrangements must be effective and practical to help you work. Our services include advising on areas including the following:
4 Constitution reviews in light of changes introduced by new charity and company legislation and your changing circumstances Restructuring governance arrangements and making Board changes Specific constitutional and governance issues Conflict of interest and loyalty issues Paying trustees and connected persons Dissolution and closure of activities Operational & commercial issues It is important for any not-for-profit organisation that you minimise your operational outgoings and maximise any potential commercial arrangements to obtain revenue. We strive to help you achieve your commercial goals and regularly advise on the following operational, commercial and regulatory matters: Commercial contracts such as framework, service level and grant agreements Intellectual property matters such as registering and licencing trademarks Fundraising and sponsorship arrangements Commercial trading activities Safeguarding issues Data protection queries Freedom of Information Act requests Dealing with permanent endowment Excellence Integrity Approachability
5 Tendering & procurement Formalised procurement is growing in importance and frequency in business. Whether your organisation is tendering or procuring goods and services from others, it is essential that you do so legally and effectively. We act for many charity and third sector clients involved in both formal and informal tender processes whether under the Public Contracts Regulations 2006 or other procedures. We can advise on: The tender process itself The content of your tender and, in particular, in relation to the terms of any standard contract that forms part of the tender The outcome, and whether or not you may be entitled to challenge an unfavourable decision The merits of any potential claim for Judicial Review of any tendering decision or process The negotiation of the terms of any standard contract The drafting and advice in relation to any sub-contract or flow-through arrangements you may need following a successful bid The consequences of replacing a former supplier, including in relation to employment, property and other matters Regulators In an increasingly stringent regulatory environment, it is important that you handle the regulator s needs swiftly and effectively. We are experienced in dealing with the primary regulator of charities, the Charity Commission, on a regular basis and so are able to establish a good working relationship with the Commission, its lawyers and its executive staff. We work with the Commission in the following ways: Registering new charities Registering new constitutions Applying for schemes, orders and consents Supporting you through regulatory investigations by the Commission
6 We have a proven track record in all of our dealings with Commission, including the closure and non-publication of regulatory compliance cases. We are also experienced in dealing with other regulators and bodies such as: Companies House The Community Interest Company Regulator HM Revenue & Customs Collaborative working & mergers Third sector organisations often rely on business affiliations and collaborations with non-competing third parties. We want to help you to do business with other organisations and put the best possible arrangements in place to help you work together successfully. We advise on different types of formal and informal collaborative and partnership working including: Sharing of information and resources Co-locating and sharing accommodation and premises Streamlining of costs and service delivery Collaboration agreements Joint venture vehicles and agreements Formal partnership projects Formal mergers by way of membership or asset transfer Trustee duties & training Third sector regulators place increasing emphasis on the role of trustees, who are subject to an ever-growing body of legislation. We are committed to helping your trustees to carry out their duties to the best of their ability, as we appreciate that the effectiveness of a trustee board is fundamental to your organisation s success. We deliver training to trustee boards to ensure that they fully understand their obligations as a trustee and the requirements for compliance with charity law, other areas of law and the Charity Commission. Excellence Integrity Approachability
7 We deliver training to trustee boards to ensure that they fully understand their obligations as a trustee and the requirements for compliance with charity law, other areas of law and the Charity Commission. We provide: Induction training to new trustees On-going, tailor-made trustee training on any issues affecting your charity Regular charity law updates to keep you updated of developments affecting your charity and their role as a trustee Employment Third sector organisations generally rely heavily on their people whether they are full or part-time employees, contractors or agency workers or volunteers. Our Employment team has particular expertise of the third sector and advises charities and not-for-profit organisations on a wide range of matters including: Day to day HR support, covering all aspects of the employment relationship, both contentious and non-contentious General employment issues such as drafting employment contracts, the impact of equality legislation and employment status Handling disciplinary and grievance issues Implementing efficient and legally compliant redundancy procedures and drafting settlement agreements Managing complex employment issues such as long-term sickness and disability, performance problems and dismissals and all forms of discrimination claims Advising on TUPE (Transfer of Undertakings (Protection of Employment)) issues, both in terms of asset transfers and service provision change transfers Advising on the employment aspects of pension scheme closures
8 The team also undertakes all aspects of employment litigation, including proceedings in the High Court, County Court and at Employment Tribunals. In all cases, we ensure that our clients can approach a hearing with confidence. Most often, disputes can be resolved through negotiation, without the need for litigation. Property & planning Apart from your people, your property interests are likely to represent the greatest chance of both opportunity and liability. Our Property & Planning team is one of the largest and most highly regarded of its kind in the Thames Valley and has particular expertise in the third sector. The team regularly assists charities and third sector clients, allowing us to advise on sector-specific issues arising under the Charities Act 2011, including: The requirements on disposals, leases, charges, and trusts, such as the need for valuations and financial advice Obtaining Charity Commission consents Governance issues relating to the holding of property connected to holding trustees, special trusts and incorporated trustees The tax aspects of property sharing arrangements The team also deals with a wide range of property and planning matters including: General property matters for both occupiers and users of buildings Commercial leases and taxation issues Secured lending, options and conditional contracts Acquisitions and disposals of all types of properties and development sites Property disputes Planning acquisitions and appeals Licencing of new and existing premises Environmental issues Excellence Integrity Approachability
9 Our service We are committed to providing our clients with the best service possible at sensible rates and believe that we offer outstanding value for money compared to large national practices other leading regional firms. We do not believe in over lawyering and make a point of matching the level of experience to the work to be done so that each matter is handled in the most cost effective manner. Every client is different. By understanding your needs and the issues you face we aim to provide you with access to relevant information and training. We keep our clients up-to-date on the latest news and events through seminars, workshops and other events; our regular blog posts and quarterly bulletins. Supporting charities and our community We are proud of our longstanding commitment to supporting a wide range of local charities and good causes. In recent years we have raised funds for our chosen charities, while continuing to support our community in a variety of ways. Blandy & Blandy is currently supporting Daisy s Dream and Reading Samaritans until 2018, having previously donated nearly 30,000 to Camp Mohawk and Younger People With Dementia (Berkshire West) over a two year period. Alongside this, we continue to support dozens of charitable and communityfocused events annually. These have recently included the Wasing Park Run, Reading s Charity Pancake Race, Jeans for Genes Day, the Wokingham Festival, Reading Museum, Jelly s Open for Art exhibition, Sue Ryder s Make a Will Fortnight, the Reading Legal Walk, Will Aid, numerous quiz nights and a series of fundraising golf days.
10 Nick Burrows, Partner, Charity and Commercial T: E: Nick heads up the firm s charities and education team. His expertise is recognised in both The Legal 500, in which he is named as a leading individual, and Chambers UK Guide, in which he is recognised nationally for his work. He is described as absolutely fantastic and as an extremely experienced practitioner. Nick advises charities, education and third sector organisations on areas such as formation, constitutional matters, incorporation, and trustees duties. He also advises on joint ventures, collaborations, consortia and mergers, together with contractual negotiations with funders and others, public procurement, fundraising and intellectual property matters, such as trade marks and copyright. Nick is a member of the Charity Law Association, a trustee of several local charities and speaks regularly at a wide range of events. Amber Knight, Solicitor, Charity and Commercial T: E: amber.knight@blandy.co.uk Amber is a solicitor in the Corporate and Commercial team. She advises businesses and third sector organisations on all types of commercial law, with particular focus on contracts, intellectual property and commercial advisory work. Amber also advises charities and not-for-profit clients on areas such as formation, incorporation, constitutional and governance matters, fundraising, mergers and all Charity Commission matters. Amber joined Blandy & Blandy as a trainee solicitor in September 2014 and qualified in July Prior to that she worked as a Paralegal at Stevens & Bolton and BAE Systems Applied Intelligence. Excellence Integrity Approachability
11 David Few, Partner, Corporate T: E: Tim Clark, Partner, Employment T: E: Katja Wigham, Partner, Commercial Property T: E: Katherine Caswell, Associate Solicitor, Dispute Resolution T: E: Jessica Irwin, Associate Solicitor, Dispute Resolution T: E:
12 About Blandy & Blandy LLP With offices in Reading, Henley-on-Thames and London, Blandy & Blandy LLP is recognised as one of the region s leading law firms. The Thames Valley has been our home since 1733 and we have the heritage and reputation that comes with this longevity. We advise clients on all aspects of their personal and family lives, including Residential Property, Family law and Wills, Probate Tax and Trusts. Commercially, we provide a full range of legal services to both public and private sector organisations, ranging from national and multinational companies through to banks and lenders, SMEs and owner-managed businesses, charities and educational institutions, professional practices, landowners and developers and venue and event operators. Our partners and many of our associate solicitors are acknowledged as experts by the two major legal directories, Chambers UK Guide and The Legal 500, and we are top ranked as a firm by both. We have also held the Law Society s Lexcel quality mark since Of the 11,000 legal practices in England and Wales fewer than 10% have achieved this gold standard. Blandy & Blandy enjoys a reputation for high-quality, high value expertise, providing a partner-led service and outstanding client care. We are often regarded as a strong and cost-effective alternative to a national or City firm. As members of the global Law Firm Network, we also advise clients operating internationally. We seek to balance our heritage with a modern and progressive approach, in terms of the services we offer and the way in which they are delivered. This, underpinned by our independence, means that our clients continue to trust and recommend us year after year. Contact us If you would like to speak to us about our legal services or for further information, please contact Nick Burrows. T: E: nick.burrows@blandy.co.uk W:
13 Blandy & Blandy LLP is authorised and regulated by the Solicitors Regulation Authority and authorised and regulated by the Financial Conduct Authority. It is incorporated as a limited liability partnership under number OC and its registered office is at One Friar Street Reading Berkshire RG1 1DA. A list of Members may be inspected at our Registered Office. Partner denotes a Member or a senior Employee of Blandy & Blandy LLP.
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