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Taunton Deane - Council for Voluntary Service - Charity Law

Frequently Asked Questions (FAQ's)

  1. I want to set up as a charity - how do I go about it ?
  2. Where is the Charity Commissioners office ?
  3. Can you pay volunteers any money other than expenses ?
  4. Does information kept on paper have to comply with the Data Protection Act ?
  5. Do Minutes of meetings have to be kept in a bound book ?
  6. How can you check the authenticity of a charity call received at home ?
  7. A member of a Management Committee is misbehaving - what can we do ?

I want to set up as a charity - how do I go about it ?

'There are lots of books that can help in the CVS Library e.g. "Voluntary but not Amateur" and "Just about Managing" and the Charity Commission also does a pack on registering as a Charity. Helpline number 0870 333 0123. Their publications can also be downloaded from their website: www.charity-commission.gov.uk.

A charity has to register with the Charity Commission.

There are other kinds of organisation a community group can be beside a charity.
(a) The simplest is an Unincorporated Association.
(b) A Company Limited by Guarantee in which case they need to register with Companies House in Cardiff. Their telephone number is 01222 380 801.
(c) A Trust. Contact the Registrar of Friendly Societies. Telephone: 020 7663 5000.
(d) A Co-operative. Contact ICOM. Telephone 0113 246 1738.

There are books in the library, e.g. the Voluntary Sector Legal Handbook, that can help with the relevant governing documents and other legal requirements.

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Where is the Charity Commissioners office ?

There are offices in London and Liverpool but the office for the Southwest is at Woodfield House Tangier, Taunton, TA1 4B1. Telephone: 01823 345000.
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Can you pay volunteers any money other than expenses ?

This is no longer advisable as it may constitute an Employment Contract in which case the Minimum Wage and other employment legislation applies. Trustees of charity Management Committees can however be paid certain additional expenses. Contact the Charity Commission, or view the Voluntary Sector Legal Handbook.
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Does information kept on paper have to comply with the Data Protection Act ?

Yes. Since October 2004, any personal details, especially 'sensitive' information has to follow the same rules of fair practice as computer records.
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Do Minutes of meetings have to be kept in a bound book ?

If they are in a ring-binder, every page has to be signed by the Chairperson or another officer of the organisation. (See Voluntary Sector Legal Handbook).
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How can you check the authenticity of a charity call received at home ?

For local groups check in TDCVS Directory.
For national groups look in the Voluntary Agencies Directory OR
on the www.charity-commission.gov.uk website.
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A member of a Management Committee is misbehaving - what can we do ?

The first call is to check the constitution or other governing document to see what that says about the rules under which the organisation is run and any powers of committee members to change things or discipline members. The committee could also contact Jenny Sparks at the TDCVS for some informal advice. If things look more serious and possibly illegal, there will be a need to contact the www.charity-commission.gov.uk
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Last updated 08/06/2005

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