Charities and the Third Sector

The charities, social enterprise and not-for-profit sector in Scotland faces increasing regulatory and financial pressures, and we can help you deal with that. 

Our skill and experience of working with charities is very highly regarded, and we can offer you advice on areas including funding, consolidation, mergers and partnership working.

Our charities group is an experienced and multi-disciplinary team headed by Helen Kidd, one of the few specialists in Scotland accredited in charity law by the Law Society of Scotland.

Clients from household names to community groups

Our clients range from well-known charities to innovative start-ups, and from international networks to local community groups and sports clubs. Whether you are a service provider, a grant-making foundation, a philanthropic individual, or a campaigning organisation, we can assist you to achieve your objectives.

Among our charity clients are SAMH (Scottish Association for Mental Health), the Carnegie UK Trust, Hostelling Scotland, RNIB, Scottish Autism, Volunteer Development Scotland, the Abernethy Trust and Carr Gomm.  As part of our commitment to the not-for-profit sector we have supplied pro bono services to members of the Scottish Council for Voluntary Organisations (SCVO) for a number of years.

A growing part of our work in this sector involves supporting social care providers as they grapple with the delivery of care contracts, and employment law issues such as holiday for part year or irregular hours workers and issues around recruitment and retention.

How we can help you

We offer a full range of legal services including advice on:

• setting up a charity and navigating the registration process with OSCR
• governance, including ensuring legal structures and constitutions are fit for purpose and compliant in the sector’s ever changing regulatory backdrop
• constitutional drafting and health checks
• individual philanthropy, legacies/bequests
• fundraising regulation
• restructuring, whether that may be connected to charities considering incorporation, OSCR reorganisation schemes, mergers or winding up
• regulatory compliance - experience working with OSCR, HM Revenue and Customs and the Financial Conduct Authority related issues  
• employment law and HR matters
• real estate projects - both commercial and residential
• dispute resolution.

We also provide seminars and trustee training on a variety of legal issues relating to charities, in particularly on governance arrangements, and can deliver bespoke training where required.

Charity Governance

As specialist advisors to charities and other third sector organisations of all sizes, we fully understand the landscape in which you operate and the different risks and requirements you may face. We have therefore identified a number of key governance indicators that trustees, chairs and chief executives should consider.

The below PDF details some of the questions worth asking your board members and include considering constitutional issues, board policies, trustee recruitment procedures, as well as finance and fundraising strategies.

Lindsays is an ACOSVO (Association of Chief Officers of Scottish Voluntary Organisations) Strategic Partner and is committed to supporting the organisation to shape the future of Scotland’s third sector by providing its leaders with opportunities to inspire, excel and develop.  

If you would like more information about our links with ACOSVO click here.