Charity Lawyers & Legal Services

Insights Charity and Not-for-Profit

The Charities (Amendment) Act 2024 Has Been Enacted

Important update for all charities

The long-awaited Charities (Amendment) Act 2024 has now been enacted and awaits commencement. All Irish charities need to familiarise themselves…

11/07/24

Charity and Not-for-Profit

We are the pre-eminent provider of legal services to the Charity and Not-for-Profit sector in Ireland. We have unparalleled knowledge and experience of the sector and a deep appreciation of the mission and vision of our clients.

We provide well-known international and local clients with bespoke specialist legal services including advice on charity law and a host of other legal areas of relevance.

Our expertise extends to all types of organisations in the Third Sector including voluntary organisations, non-governmental organisations and social enterprises.

We appreciate the pressures faced by charities and not-for-profit bodies in carrying out their activities within today’s commercial world, while keeping up-to-date with modern governance practices, regulatory regimes and charity law. We regularly assist our clients with the many complex and strategic issues faced by the sector. We have been lead advisors on the most high profile charity transactions and cases in recent years.

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Our team of 6 charity and not-for profit lawyers are dedicated to supporting our clients across the sector. The team specialises in regulatory and compliance matters for charities, not-for-profits and social enterprises. The team is supported by specialist lawyers across MHC, hand-picked because they understand the particular needs of charities and not-for-profits from their experience working closely with our Charities team. These lawyers have expertise in areas such as real estate, HR, litigation and data protection. We deliver practical advice to our clients to support them in meeting their charitable purpose, whether this is in raising funds or obtaining grants, advising on sensitive or complex matters or supporting charity trustees on governance matters and helping clients navigate difficult decision-making.

Corporate governance advices and training including hosting Governance Clinics for charity trustees
Preparing your charity for the future, succession planning and changing legal structure
Advices on mergers, restructures and arrangements with other organisations
Registering charities with the Charities Regulator and assisting them to apply for a charitable tax exemption from the Revenue Commissioners
Drafting and advising on board policies and procedures such as conflicts of interest
Assisting with compliance with the Charities Regulator’s guidance and policies and the Charities Governance Code
drafting and advising on policies for your charity such as such as data protection, safeguarding of vulnerable people, complaints and health and safety
Supporting charities to respond to Concerns raised by the Charities Regulator
Advices on best practice and legal requirements on fundraising and the use of restricted funds
Advices on obtaining grant funding and other finance
Advising charities and not-for-profits on their dissolution or winding up
Advices to HSE-funded (section 38 and section 39) agencies on legal structure, governance and compliance matters
Advices to social enterprises, NGOs and other organisations in the voluntary sector
Advices on the regulation of Approved Housing Bodies, and
Advices on trust law matters, including applications to the Charities Regulator under the Charities Acts 1961 and 1973 (i.e. cy-pres applications) [to amend trusts or vary how trust property is applied]
Advices on commercial contracts, joint ventures and trading by charities and not-for-profits

Recent Work

Advising the National Maternity Hospital, Holles St on interactions with the HSE and St Vincent’s Hospital on the proposed co-location of NMH on the St Vincent’s Elm Park campus.
Advising charities, such as University College Dublin Foundation, Special Olympics Ireland, the NMH Foundation and Inclusion Ireland, on updates to their governing documents, to ensure compliance with company law (where applicable), charity law and the requirements of the Charities Governance Code and to reflect how the charity operates in practice.
Advising numerous clients on specific aspects of charity and company law that they require from time to time. These include advices on fundraising, restricted funds, charity trustee duties and the “powers” of charities to carry out their planned activities. We recently advised Dublin Zoo on fundraising compliance, strategies and policies on its “Save Dublin Zoo” campaign.
Advising Samaritans UK on the restructure of 12 Samaritans branches in Ireland, from unincorporated associations to companies limited by guarantee. These restructures occurred by way of a contractual transfer of assets, liabilities and undertaking from the unincorporated associations to the newly-established companies. Our advice included assistance with drafting the constitutions of the new companies to ensure full compliance with the Companies Act 2014 and Charities Act 2009. We also assisted in the process of applying for new charity registrations for each charity from the Charities Regulator and applying to the Revenue Commissioners to secure the CHY number and section 848a donations relief of the charities.
Advising the Congregation of the Daughters of Charity on their withdrawal from involvement in Avista (previously known as Daughters of Charity Disability Support Services). Our advices included drafting a revised constitution for Avista, and its property holding company, to reflect the revised governance structure of the company, preparing all required company law documentation to effect the change, and liaising with relevant regulators to obtain the required approvals.
Advising a number of section 38 and section 39 healthcare agencies on their obligations pursuant to charity law, their governing documentation, company law (where applicable) and the governance requirements of the HSE. We have also advised umbrella bodies such as the Voluntary Healthcare Agencies Risk Management Forum, the Voluntary Healthcare Forum and the National Federation of Voluntary Service Providers in relation to issues affecting section 38 and section 39 agencies.
Advising schools and other educational bodies and institutions on legal structure and governance. We advised Technological University Dublin on its charity registration application and have advised the members of its governing body on their legal duties arising from the legislation governing the university and charity law. We have also delivered this type of “Governance Clinic” to numerous of our clients to ensure that their governing bodies are fully up-to-date with their legal duties.

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