Services - Charities

Our Charity Team is available to advise you on the formation, re-organisation, amalgamation, dissolution and general governance of charities. We also offer expert guidance in relation to the duties and responsibilities of those involved in the running of charities. Our service includes accounting and administration which, in itself, is an increasingly specialised area.

There is now an extensive regulatory framework for charities in Scotland which demands high standards when it comes to running a charity. The regulations concern any individual who is involved in the general control and management of a charity and this could include board members, directors, management committee members, and trustees. Failure to comply with the regulations can lead to penalties and charities are under increasing pressure to keep track of the obligations they must meet.

We provide guidance on the duties imposed by statute and by the Office of the Scottish Charity Regulator as well as other regulatory bodies such as Companies House and Her Majesty’s Revenue and Customs. We are also well placed to advise on employment matters (see below) and the preparation of annual accounting statements as well as other general legal issues which a charity may face from time to time.

Employment Advice

The firm provides a full range of employment law services to charities, through our dedicated Employment Team. We can advise on day to day HR issues including all aspects of the disciplinary and grievance process, policies and procedures, business restructuring, performance and absence management, together with more unusual “one-off” employment situations.

We are also experienced in advising charities on business transfers, including the TUPE obligations, which can arise when there is a change of service provider after a tender process. Finally, where it cannot be avoided, our team can represent your interests in an Employment Tribunal or Court.

Training

As well as providing advice on practical issues as they arise and assisting with some of the day-to-day functions which charities need to carry out, we provide training on various aspects of charity regulation and employment law and on the general duties which charity trustees must fulfil.

The Office of the Scottish Charity Regulator considers it good practice for all new charity trustees to receive an induction when they take on the role so that they are aware of their responsibilities and liabilities. Implementing an ongoing programme for charity trustee training is also recommended and helps to satisfy regulators and potential funding bodies that good board governance is in place.

Murray Beith Murray are well placed to review the governance that a charity already has in place and we can deliver a helpful and accessible training programme for charity trustees to help them achieve best practice.

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Carole Hope Partner

carole.hope@murraybeith.co.uk

Carole heads up the Executry Group within the firm, where she advises clients on dealing with and transferring assets in the event of a death. She has particular expertise in handling contentious executries and experience of, and an interest in, aspects of cross-border succession.

Carole’s work involves advising on wills and estate planning and she also has over 25 years’ experience of advising charities and charitable trusts, which is underpinned by years of personal involvement in charitable organisations.

Carole is a dual qualified solicitor (Scotland and England/Wales), a member of the Society of Trust and Estate Practitioners (STEP) and a board member of the Franco-British Lawyers Society. She speaks regularly at conferences and seminars on private client issues, cross-border succession and charity law.

Listed in Chambers 2010 as a leader in her field, Carole is described as being “well regarded for contentious probate issues”. She was also the runner up in the “Best Woman Solicitor Managing a Probate Practice” category in the Association of Women Solicitor Awards 2010.

Areas of work

• Executries
• Contentious executries
• Wills
• Trust law
• Powers of Attorney
• Estate planning
• Cross-border succession
• Charities

Dawn Robertson Partner

dawn.robertson@murraybeith.co.uk

Dawn heads up the Employment and Litigation teams within the firm, advising a cross-section of clients.

Dawn is accredited by the Law Society of Scotland as a specialist in employment law. She has extensive experience of advising and training employers on HR issues and regularly represents clients in tribunal. In litigation, Dawn adopts a practical approach to the dispute, looking for inventive and pragmatic solutions wherever possible.

Dawn is a member of the Employment Lawyers Association, the Employment Law Group and a graduate member of the British Psychological Society.

Areas of work

• Employment law
• Discrimination law
• Guardianship applications
• Debt recovery
• Contentious executries
• Commercial/contract disputes
• Property disputes

Peter Shand Partner

peter.shand@murraybeith.co.uk

Peter is a Partner and advises private clients on Wills, estate and tax planning, asset protection and charity law.

Before joining Murray Beith Murray, Peter worked as a corporate lawyer and he now advises on succession/wealth planning in the context of trusts, companies, partnerships, and other corporate vehicles. Peter’s expertise also covers inheritance and capital gains tax advice.

Peter is a dual qualified solicitor (Scotland and England/Wales). He is experienced in dealing with cross border issues relating to succession planning and trusts and is a member of the Society of Trust and Estate Practitioners (STEP). He also provides general financial advice and has membership of the Personal Finance Society.

Active in the Arts, Peter is currently a non-executive Director of Magnetic North Theatre Productions. He has experience of advising those involved in the charity sector on governance issues, legal structures and the set up/reorganisation of charities.

Areas of work

• Estate planning (including taxation issues)
• Wills and Powers of Attorney
• Trusts/Companies/Partnerships
• English law
• Charities