BA
Written by Brad Askew
Legal Tech Founder
Civil & Commercial Law background · Founder of LegalDocuments.co.uk
We’re not a law firm — we help you find the right legal support. For advice on your situation, speak to a legal adviser or find a solicitor.
Updated April 2026 · England & Wales
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Charity & NFP Law
BA
Written by Brad Askew Legal Tech Founder
Civil & Commercial Law background · Founder of LegalDocuments.co.uk
Updated May 2026
·
England & Wales
Running a charity or not-for-profit in the UK is rewarding work, but the legal side can feel like a maze. Between trustee duties, Charity Commission rules, fundraising regulations and employment obligations, there's a lot to keep on top of, and the consequences of getting it wrong can be serious for both the organisation and the individuals involved.
I'm Brad Askew, and this section pulls together the practical information I wish more trustees and charity managers had access to when they're setting up, scaling or simply trying to stay compliant. Whether you're thinking about forming a new charitable structure, dealing with a governance question, or trying to make sense of reporting duties, you'll find straightforward explanations here, without the usual legalese.
And if you'd rather talk something through with an experienced legal adviser, you can book a call at the bottom of this page.
Overview
Charity and not-for-profit law is the body of rules that governs how charitable and non-profit organisations are formed, run and held accountable in the UK. It pulls together several different areas, including the Charities Act 2011, trust law, company law (where a charity is also a company), employment law, data protection, tax rules administered by HMRC, and fundraising regulation overseen by the Fundraising Regulator.
For trustees and directors, the practical effect is that you're working within a framework designed to protect public trust in the sector, ensure charitable funds are used for their stated purposes, and hold those in charge accountable for how they run things. The rules apply differently depending on your legal structure, a Charitable Incorporated Organisation (CIO), charitable company limited by guarantee, unincorporated association or charitable trust each come with their own obligations.
Sitting across all of it is the Charity Commission for England and Wales (with separate regulators in Scotland and Northern Ireland), which registers charities, publishes guidance, and can investigate where things appear to have gone wrong.
Key steps
01
Decide on your charitable purposes and structure. Before anything else, get clear on what your organisation will actually do and who it will benefit. Your purposes must fall within the descriptions of charitable purposes set out in the Charities Act 2011 and must be for the public benefit. Choose a legal structure, CIO, charitable company, trust or association, that fits your scale, risk profile and whether you want a separate legal personality.
02
Draft your governing document carefully. Your constitution, articles or trust deed is the rulebook for how your charity operates, covering purposes, trustee powers, decision-making, membership and what happens on dissolution. Getting this right at the start saves significant problems later, because changes often require Charity Commission consent. Model documents are available but usually need tailoring to your specific situation.
03
Register with the Charity Commission and HMRC. If your income is expected to exceed the current registration threshold, you'll generally need to register with the Charity Commission. You should also register separately with HMRC to claim tax reliefs including Gift Aid. Be ready to provide your governing document, trustee details, bank account information and evidence that your purposes are genuinely charitable and benefit the public.
04
Set up proper governance and financial controls. Trustees carry legal duties to act in the charity's best interests, manage resources responsibly and avoid conflicts of interest. Put in place clear policies covering financial controls, reserves, safeguarding, conflicts, complaints and trustee recruitment. Keep accurate minutes of trustee meetings, maintain proper accounting records, and make sure at least one trustee understands the finances properly.
05
Meet ongoing reporting and compliance duties. Charities must file annual returns, accounts and (above certain thresholds) a trustees' annual report with the Commission. You'll also need to comply with fundraising rules, data protection law, employment law if you have staff, and any sector-specific regulations. Review your risk register, safeguarding practices and policies regularly, not as a tick-box exercise, but because the landscape genuinely shifts.
Common questions
QDo we need to register with the Charity Commission?
Most charities in England and Wales with annual income above the registration threshold must register with the Charity Commission. Some smaller charities and certain exempt or excepted charities have different rules. CIOs must register regardless of income. Check current thresholds on gov.uk, as they can change. Registering brings obligations around reporting and transparency, but also confers credibility and access to tax reliefs.
QWhat are my legal duties as a charity trustee?
Trustees must act in the charity's best interests, further its charitable purposes, manage resources responsibly, act with reasonable care and skill, and ensure the charity is accountable. You must avoid conflicts of interest and personal benefit unless properly authorised. The Charity Commission publishes detailed guidance (including CC3 'The Essential Trustee'), and trustees can be held personally liable in cases of serious mismanagement or breach of duty.
QWhich legal structure is best for a new charity?
It depends on your size, activities and appetite for risk. A Charitable Incorporated Organisation (CIO) is popular for new charities because it offers limited liability without needing to register separately at Companies House. A charitable company limited by guarantee suits organisations wanting the flexibility of company law. Trusts and unincorporated associations are simpler but offer no separate legal personality, meaning trustees can bear more personal exposure.
QDo charities have to follow fundraising rules?
Yes. Fundraising in the UK is regulated by the Fundraising Regulator, which operates the Code of Fundraising Practice. Charities that fundraise from the public are expected to register with the Regulator and follow the Code, covering areas like transparency, vulnerable donors, data protection and use of professional fundraisers. Public collections may also need local authority licences, and online fundraising platforms have their own requirements.
QWhat happens if a charity breaches its duties?
The Charity Commission has powers to investigate concerns, issue official warnings, disqualify trustees, freeze funds or appoint interim managers in serious cases. Trustees may face personal liability where losses result from breach of duty, although relief is sometimes available where trustees acted honestly and reasonably. Reputational damage can also be significant. Early engagement with the Commission and good record-keeping usually help when issues arise.
QCan a charity pay its trustees?
Generally no, trustees are usually unpaid volunteers, reflecting the principle that charities are run for public benefit rather than private gain. Limited exceptions exist, for example where the governing document allows payment for services (not for acting as a trustee), or where statutory provisions apply. Any payment must be properly authorised, clearly in the charity's interests, and managed carefully to avoid conflicts of interest.
QHow do charity mergers work legally?
Charity mergers typically involve one charity transferring its assets and activities to another, or two charities combining into a new entity. The process needs careful planning: trustee approval, due diligence, checking governing documents for power to merge, handling permanent endowment, transferring staff under TUPE where relevant, and registering the merger with the Charity Commission. Professional guidance is usually needed to handle the legal and practical moving parts.
BA
Brad Askew Legal Tech Founder
Brad has a background in civil and commercial law and founded LegalDocuments.co.uk to make clear, reliable legal information accessible to everyone. This site is not a law firm and does not provide regulated legal advice.
Legal disclaimer
This article is for general information only and does not constitute legal advice. We are not solicitors. For advice on your specific situation, please consult a qualified solicitor.
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