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Third sector - charities and NPO

  • The Sarnia Memorial Trust engaged Collas Crill with regard to the new Charities Law in Guernsey; Angela and Paige were extremely efficient and a pleasure to work with, providing us with the advice we needed in a clear, concise and timely manner.
    The Sarnia Memorial Trust
  • Collas Crill were incredibly helpful when they helped us to launch the charity in 2018. They provided guidance on our Trust Deed and training to the Trustees. Collas Crill has continued to support our events and answer questions as they arise.
    Andre Le Prevost, Smile for Georgie Foundation
  • Staff at Collas Crill donated their time and expertise to support us as we changed Wigwam Support Group to an LBG. We will be forever grateful for the understanding and patient way that they guided us through the process.
    Susie Gallienne, Family Support Coordinator, Wigwam Support Group LBG
  • Through Ben Le Page, Collas Crill provided invaluable advice and assistance in creating a new LBG for our local charity Happy Childhood Shelter, and were very supportive of our aims and ambitions to assist the Brazilian orphanage.
    The Happy Childhood Shelter
  • Collas Crill has been at the forefront in advising on the establishment and administration of Guernsey foundations since they came into being, and Angela and her team are a trusted resource for practical and timely advice and expertise in this field.
    In House Legal Counsel of a Guernsey Trust Company
  • The team has very strong Foundations knowledge across several jurisdictions. They are great on the big picture but also the technical side of Foundation drafting. It is a bonus that the team are an absolute pleasure to deal with.
    James Brockhurst, Partner, Forsters LLP
  • We have partnered with Collas Crill for many years now – they really understand our purpose and have helped us with our legal documentation and the acquisition of our properties near the hospital in Southampton.
    Joanne Priaulx, Priaulx Premature Baby Foundation

              

What is the 'third sector' and how can we help?

The ‘third sector’ is an umbrella term that covers a variety of different organisations with different legal structures and purposes, belonging neither to the public sector (i.e. the state) nor to the private sector (profit-making private enterprise).

As a business, we are heavily focussed on supporting third sector organisations both in our local communities on local issues and also internationally.
Charities, non-profit organisations (NPOs) and voluntary organisations are increasingly required to plug the gap and perform the social and cultural functions formerly carried out by the public sector.

The importance of the third sector to public life was brought into sharp focus by the Covid-19 pandemic with a significant increase in the demand for services supporting the health and wellbeing of society. During this time we saw activity levels in this space increase with organisations expanding and new organisations being formed.

Our clients in this area tend to either focus on a particular group in society (such as those suffering from a particular illness or condition) or on a particular issue or problem that needs to be solved (such as domestic abuse, access to education or climate change).

Many of our staff sit on the governing bodies of third sector organisations giving their time, energy and expertise to assist in the delivery of the organisations' purposes.

Ways in which we support this sector include:

  • Provision of legal services – we draft constitutional documents, assist in the acquisition/sale of premises, draft employment contracts, deal with disputes, implement changes to the governing body, advise on compliance with law/regulation etc
  • Trustee and administration services – our in-house trust and corporate services company already administers several local and international charities
  • Charity of the year –we select a charity of the year in each of our jurisdictions with whom we work closely and fundraise for. If you would like to nominate your organisation as our next charity of the year please get in touch here.
  • Volunteering – each year our staff are given at least one day a year where they can devote their time in support of the third sector – recent examples include meals on wheels, beach cleans etc.
  • Sponsorship – we often formally partner with, or sponsor, third sector organisations where their culture and values are aligned with ours.
  • Profile raising – when we support third sector organisations in any of the above we will, where appropriate and with permission, share our experiences on social media and help to raise the profile of those organisations.      
Third sector - charities and NPO services
Third sector - Guernsey
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In April 2022 the legal landscape for charities and NPOs in Guernsey changed with the introduction of The Charities etc. (Guernsey and Alderney) Ordinance 2021 (Ordinance) and The Charities etc. (Amendments, Exemptions, Governance and Specified Amount) Regulations, 2022 (Regulations).

This brought welcome clarity to the definition of charitable purposes into Guernsey law and also introduced various formalities for the setting up and running of charities and NPOs in Guernsey.

For existing registered charities/NPOs, there are requirements that your constitutional documents are brought into line with the new Law and there are strict timeframes for this to happen (December 2022 for some and June 2023 for others).  We can review your constitution and advise on whether you need to update it and then update it if required.

For existing unregistered charities/NPOs, it is important that you seek advice immediately about the new Law to see if you are required to register.  Please do get in touch to confirm whether or not you are required to register.  If you are, we can help you through that process.

If you are looking to establish a charity/NPO in Guernsey, the process is very straightforward.  We can advise you on which structures are available (Trust/Foundation/LBG) and the merits of each. We can also assist you in establishing your new charity/NPO either using our standard documentation or we can prepare something more bespoke for you.

Our Guernsey charities team is led by Angela Calnan. Please do not hesitate to contact Angela at any time.

For further information on the Law please read our recent article.

Third sector - Jersey
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Prior to 21 November 2014, Jersey looked to the case law of England and Wales for guidance in determining whether or not a particular purpose was a 'charitable purpose'. 

However, on that date, certain parts of the Charities (Jersey) Law 2014 came into effect, namely, the introduction of a statutory test for what is charitable (the charity test), the post of a Charity Commissioner and the establishment of a charity tribunal. 

The intent behind the law is to give confidence in Jersey as a centre for the good governance of public charities and for charitable and philanthropic activity generally.

Click here to read more about Jersey charity legislation.

Our Jersey charities team is led by Kellyann Ozouf. Please do not hesitate to contact Kellyann at any time.

News 18 Jul 2022

New Guernsey charities law deadline

In April 2022, new charities legislation in Guernsey came into force, replacing the Charities and Non Profit Organisations (Registration) (Guernsey) Law 2008 which...

Life & Careers 1 Jul 2022

Collas Crill helps raise £8k

The annual Jersey Ladies' Doubles Tennis Tournament and Lunch has raised more than £8,000 for Jersey Hospice Care. Sponsored by Collas Crill, the event took place on...

News 4 Mar 2020

White Collar Darts

Nuno Santos-Costa, Senior Partner and award winning lawyer at Collas Crill has raised over £3,000 for a local Jersey charity by taking part in Brighter Future's White Collar...

News 4 Jun 2019

£4000 Raised for Jersey Charity

Collas Crill’s Jersey office has donated over £4,000 to local charity Silkworth following an 18-month charity partnership. Silkworth, which provides safe and caring...

News 30 Nov 2018

CC Raises £5000 for Ernie's Angels

A quiz night hosted by Collas Crill has raised over £5,000 for Ernie’s Angels, which provides financial support towards palliative care and funeral expenses of terminally...

News 1 May 2018

Age Concern Guernsey

Collas Crill has recently assisted Age Concern Guernsey in restructuring its charity to provide a more efficient platform from which to service the needs of its...

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Guide 6 Jul 2017

Charities Law in Jersey

Prior to 21 November 2014, Jersey looked to the case law of England and Wales for guidance in determining whether or not a particular purpose was a 'charitable...

Guide 8 Jul 2015

Leaving a Legacy to Charity

Fundraising is always a challenge for charities but as many of us are tightening our purse strings, good causes are now feeling the pinch even more.  Why are legacies...

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