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Wednesday, 3 December 2008

Setting up a charity

If your organisation or group wants to become a registered charity there are a number of minimum requirements it must meet.

What you need to be a charity

If any of the activities or ‘purposes’ of your organisation are not charitable you will not be able to become a registered charity. 

A charity must also be set up for the ‘public benefit’ – this means an organisation’s activities benefit a sufficient section of the community and not just a few selected people.

An organisation must register with the Charity Commission if:

  • it is set up in England and or Wales
  • the majority of charity trustees live in England and Wales
  • the majority of the assets are in England and Wales
  • it is registered as a company in England and Wales


and, one or more of the following apply:

  • the organisation has permanent endowment (land, buildings, investments or cash which may not be spent)
  • the organisation has a total income of more than £1,000 a year
  • the organisation has land, including buildings that qualify for business rates

Organisations in Scotland must register with the Office of the Scottish Charity Regulator.

If you are setting up a charity you will have to consider all aspects of running the charity. In some aspects this is similar to running a business, and some of the responsibilities are the same.

Depending on to the aim of your charity– there are three main forms a charity can take. Find out about the different types of charity and what they can do by reading the ‘Types of charity’ article from the link below.

Advantages and disadvantages of being a registered charity

Some of the advantages of becoming a charity are:

  • people are more likely to offer time, energy or money to a registered charity
  • many grant-makers and other funders only give to charities
  • many organisations offer free or discounted help and advice to charities
  • charities receive a wide range of tax breaks

There are also restrictions and rules that you must follow if you become a charity:

  • your organisation must operate strictly within the limits set out in the governing document
  • the organisation cannot benefit anyone you have a relationship with – eg family members, friends or members of a group or club
  • your ability to take part in political activities and trading with other companies will be limited
  • your organisation can’t have a political purpose or support a political party
  • your organisation can’t be set up for the benefit of a specific named individual or individuals
  • trustees cannot usually be paid or gain financially from the work of the charity

If your organisation does not meet the minimum requirements there are alternative to setting up a charity. To find out more, read ‘Alternatives to setting up a registered charity’ from the link below.

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