Who is this article for?
Anyone looking to set up a charity or nonprofit in the UK.
This Article Covers
- Minimum Requirements
- Charitable Purpose
- Types of Charity Structures
- Organizing Documents
- How to Register Your Charity
Minimum Requirements
The list below covers the basic requirements when setting up a nonprofit organisation based in England and Wales. Charities in this region are also under the High Court's charity law jurisdiction.
- Make sure your organization's name does not have a duplicate (search for registered charities here)
- Set your charitable purpose
- Set up your nonprofit bank account
- Hire a certified public accountant
- Choose a charity structure
- Determine the trustees for your organisation. The Charity Commission recommends aiming for a minimum of three unconnected trustees.
- Write your organizing documents
- Registered with the Charity Commission
- Register with the Companies House (if you chose the charitable company structure)
- Register with the HM Revenue and Customs (HMRC) to get tax relief from items like Gift Aid donations
Charitable Purpose
You must define the nonprofit's Charitable Purpose when applying for charitable status. There are 13 charitable purposes to choose from, which are outlined in the Charities Act. The law also requires that your charitable purpose benefit the general public.
UK Charity Structures
Your charity structure will dictate who runs your charity and how it is run, and what are its limitations and accountability to the law. There are 4 legal structures to choose from:
- Charitable Company (Limited by guarantee)
- Charitable Incorporated Organization (CIO)
- Association Model (With wider membership)
- Foundation Model (Without wider membership)
- Charitable Trust
- Unincorporated Charitable Association
You also have to decide whether you want a charity with a broader membership. This means that some of your members will have the power to vote on certain decisions.
Organizing Documents
Your governing document is dependent on the charity structure you choose for your nonprofit. It should include:
- Your charityβs purpose
- Who runs the organization and how they run it
- How trustees will be appointed
- Rules on trusteesβ expenses
- Rules on payments to trustees
- How to close the charity
Here are the types of organising documents required:
- Memorandum and Articles of Association (For charitable companies)
- Constitution (For Charitable Incorporated Organizations and Unincorporated associations)
- Trust deed or will (For Charitable Trusts)
The UK Government provides templates and itβs highly recommended to use these for your organizing document. Many banks will require organising documents to open a charity bank account.
How to Register Your Charity
Almost all nonprofits need to register with the Charity Commission. In general, you need to register if:
- Your income is over Β£5,000
- Youβre a Charitable Incorporated Organization (regardless of income)
- Youβre based in England or Wales
Here are the requirements:
- Main bank or building society details
- Public contact details (including postal address)
- Governing document in a PDF
- Financial documents that show your charity's income
- Signed trustee declaration forms
- For charitable companies: Copy of the certificate of incorporation and memorandum
Itβs recommended to register online. There are no fees to be collected.
Information will be assessed within 48 hours. It may take a few weeks for a decision to be made on your application, but the Commission's goal is to do so within 30 working days.
Companies House
You must register your nonprofit to the Companies House if you choose a charitable company (limited by guarantee) as a legal structure.
- You can register online and pay a Β£12 fee. Typically, your company will be registered within 24 hours.
- You can also avail of the services of a formation agent to register your charitable company. You can find a list of agents here.
- You can also request a software package from the Companies House to register.
HM Revenue and Customs
Your nonprofit must be recognized by the HM Revenue and Customs to get tax reliefs on charitable expenditures. Here are some examples:
- ββDonations (Gift Aid)
- Profits from trading
- Rental or investment income, for example, bank interest
- Profits when you sell or dispose of an asset, like property or shares
- Buying property
Here are the requirements you need:
- Bank account details and financial accounts
- Officials' details
- Registration number
- Charitable purposes
- Governing documents
Register online here. Processing time takes about 6 weeks.