Setting up a Charity and Charity Constitutions

What key issues relate to setting up a charity?

The first steps when planning to set up a new charity are to:

• decide whether it is necessary and appropriate to set up a charity
• check whether what you intend to set up will in law amount to a charity
• how to set up a charity 
• the particular circumstances and factors that you should take into account when planning to set up your charity 
• the type of legal structure you should adopt for that purpose
• the particular legal requirements that apply (under charity, trust, and/or company law) to the structure that you choose to adopt

It is essential for founders of a charity to consider and resolve all of these issues at the outset. The documents in this group include guidance notes which can assist.

Types of legal structure for a charity

The different legal structures which a charity can adopt are as follows: charitable company limited by guarantee, unincorporated association, charitable trust, or charitable incorporated organisation (CIO).

This group of documents includes checklists for each type of structure to: 

• help you decide on the appropriate structure
• guide you through the legal requirements applicable each type of structure 

Constitutions for each of type of structure 

This group contains a range of template constitutions for the various types of structure. 

Once you have decided on the type of structure to be adopted, select the appropriate template, and then adapt it as necessary. 

We recommend, however, that before you decide to use any particular template, you should read its document description to ensure that it will be suitable for your purposes. The various constitution template document descriptions accompanying each template consider some of the factors to be considered in thatr connection. 

We also recommend that you take legal advice before finally deciding on the type of legal structure to adopt, the template to be used, and how it should be adapted.

Amending a charity’s constitution

If your charity intends to amend its constitution at any time, it will need to pass the necessary resolutions in order to do so. Template forms of minutes of such resolutions for this purpose are included in this group of template documents.

Setting Up a Charity: Miscellaneous

Charity Constitutions: Charitable Company 

Charity Constitutions: Charitable Incorporated Organisation (CIO)

Charity Constitutions: Unincorporated Charities

Amending Charity Constitutions: CIO

Amending Charity Constitutions: Charitable Company

Amending Charity Constitutions: Unincorporated Charity

• Charity Governance, Administration, Policies and Procedures
• Trustees – Guidance Notes and Documents
• Members of a Charitable Company Limited By Guarantee
• Setting up a Charity: Miscellaneous
• Members of a Charitable Incorporated Organisation (CIO)
• Charity Fundraising and Grants
• Charity Constitutions: Charitable Company
• Charity Constitutions: Charitable Incorporated Organisation
• Charity Volunteer Agreements
• Charity Gift Aid Declaration Forms
• Charity Constitutions: Unincorporated Charities
• Amending Charity Constitutions: CIO
• Commercial Participator and Sponsorship Agreements
• Professional Fundraiser Agreements (Charities)
• Amending Charity Constitutions: Charitable Company
• Amending Charity Constitutions: Unincorporated Charity
• Legacies to charities under donors’ Wills
• Loan & Promissory Note Templates
• Lotteries and Raffles For Good Causes
• Private Members’ Club Constitutions and Other Documents
• Hire of Premises
• Public Health Emergency Back to Work Templates

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