Set Up Your Charity
This section contains the governing documents you need to bring a new charity into existence. It assumes you have already decided that a charity is the right vehicle and know which legal structure you want. If you have not reached that point, start with the Start Here: Charity or Not-for-Profit? section.
Which section do I need?
Every charity needs a governing document, but the form it takes depends on the structure. The three sections below match the main structures used in England and Wales.
A charitable company limited by guarantee is a company registered at Companies House and regulated by both Companies House and the Charity Commission. Its governing document is a memorandum and articles of association.
A charitable incorporated organisation (CIO) is a corporate body created specifically for charities. It is registered with and regulated by the Charity Commission only and is governed by a constitution.
An unincorporated charitable association or a charitable trust has no separate legal identity of its own. It is governed by a constitution or a trust deed and the trustees act in their own names.
What is not in this section?
Resolutions for changing an existing governing document are in the Trustees, Members and Governing Rules section. Constitutions for members' clubs and other not-for-profit organisations that are not charities are in the Clubs and Other Not-for-Profit Organisations section.
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Frequently Asked Questions
Decide first whether what you plan to do is charitable in law. To be charitable as a matter of law, an organisation must have exclusively charitable purposes for the public benefit. If it will be charitable, then consider whether a charity is the right vehicle for the circumstances. Only when you have decided that it is appropriate to form a charity should you then decide which legal structure to use. The four structures are a charitable company, a charitable incorporated organisation (CIO), an unincorporated charitable association and a charitable trust. Simply-Docs provides guidance notes and a formation checklist for each route.
Usually yes if it is based in England or Wales and its annual income is over £5,000, but a CIO must register whatever its income because it exists only once registered with the Commission. Some charities are excepted or exempt from registration. Registering entails demonstrating that you provide public benefit. Registering also imposes reporting duties on you. Simply-Docs provides formation checklists that walk you through what the Charity Commission needs for each structure.