Agreement for Grant by a Charity to a Charity (Long Version)
This Agreement for Grant by a Charity to a Charity (Long Version) is only for use where both grantor and recipient have charitable status in law. There is no need for either or both of them also to be registered with the Charity Commission in order for the grantor to be able to make a grant to another charity using this template. This template can be edited to state whether one or other or both are registered.
If both grantor and recipient are registered, you have the option of either using this template or the accompanying Agreement for Grant by a Charity to a Charity (Short Version), but note that the short version can only be used where both grantor and recipient are registered.
Where you have the option of using either of the two forms, before you decide which one to use, note that this longer template is designed for cases where a more sophisticated document is needed: it provides more detail, options and protection for the grantor than the short version. We suggest that in order to decide which of the two forms is most suitable in your particular circumstances, you compare them to see whether you need any provisions which are in this long version which do not also appear in the short version.
Your charity may be giving a grant to an organisation that is not a charity in law: the recipient might be a voluntary, social enterprise, public sector, or commercial organisation which is not a charity in law. If so, you should instead use the accompanying form in this subfolder for a charity giving a grant to a non-charity organisation.
Comments on Clauses
Clause 1: The definition of the “Activities” can easily be edited to cover the nature of the activity to be funded by the grant, but the details of the activity will need to be set out fully in the “Proposal” and a copy of the Proposal should be attached to the Agreement as a Schedule. The definition of the grantor’s “Charitable Purposes” will need to be carefully completed where indicated.
Clause 2.3: This provides for payment of a single lump sum grant or grant instalments.
Clause 2.7: This and other clauses provide for “clawback” of some or all of the grant where that is appropriate. See also Clauses 2.8, 2.9, 7.3, 9.1, and 10.2. Other provisions provide for suspension of further grant instalments.
Clauses 3.1 and 8 are included to clarify that any payment by the grantor is intended to be a grant, not a contractual payment in return for the carrying out of the activities.
Clause 3.6 is included to comply with the UK GDPR (UK General Data Protection Regulation). It assumes that any reporting of any information by the recipient of the grant, or monitoring by the grant maker, or anything else, will not result in the grant maker receiving any personal data, e.g. about individuals benefiting from the recipient's activities funded by the grant. It also assumes that each party will not share with the other party any personal data about the first party's personnel (e.g its trustees, employees, volunteers) or any other individuals.
Clause 4: This includes important monitoring provisions to ensure that the grantor receives, or can obtain, reports and other information on the use of the grant and the grant funded activities.
Schedule: Where the grantor is funding activities which bring the recipient into contact with vulnerable individuals or the recipient will be acquiring goods or assets with any of the grant funding, the additional provisions in the Schedule relating to those matters should be included. If not, delete as necessary.
The document is in open format. Fields should be completed and wording in square brackets is optional and can be deleted or retained according to requirements.
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