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WELCOME TO THE
THOMAS WESTCOTT
ANNUAL CHARITY
SEMINAR 2016
Axminster ¡¤ Barnstaple ¡¤ Bideford ¡¤ Bridgwater ¡¤ Burnham on Sea ¡¤ Crediton ¡¤ Exeter ¡¤ Holsworthy ¡¤ Honiton ¡¤ Ilfracombe
¡¤ Langport ¡¤ Okehampton ¡¤ Plymouth ¡¤ Seaton ¡¤ Somerton ¡¤ Tiverton ¡¤ Torquay ¡¤ Weston super Mare
Lyme Regis Museum
The Mary Anning Wing
Lyme Regis Museum
Lyme Regis Museum was built in 1902 on
the site of the home of Mary Anning, the
world¡¯s first great fossil hunter and early
scientist.
The museum¡¯s collections are varied and
cover:
? Lyme¡¯s important role in the birth of the
science of palaeontology
? Lyme¡¯s literary connections ¨C John
Fowles, Jane Austen and latterly, Tracy
Chevalier
? The birthplace of Thomas Coram ¨C
founder of England¡¯s first charity, ¡®The
Foundlings Hospital
? George Somers and the founding of the
Bermuda ¨C and much else!
What we are and
what we do
Our museum has been in operation since
1921 and became a charity in 1993.
? We collect, display and conserve Lyme¡¯s
history
? We make the collections and their
stories accessible to our visitors in the
museum and on-line
? We run a wide range of educational
activities, including fossil walks and a
wide range of education sessions for
schools, universities and adults
? We offer many opportunities for people
to enhance their lives through
volunteering at our museum
The Mary Anning
Wing Programme
We have identified that for our
museum to thrive in an age where
local government support is likely
to significantly decline it needs to
become self-sufficient.
The Mary Anning Wing will provide
the services we lack ¨C a new
class/function room, bigger shop,
lift loos and a redesigned fossil
gallery.
The Wing¡¯s construction is well
over ?1,000,000 ¨C a modern
building of zinc and glass,
complementing the 1902 striking
1902 structure.
The New Geology Gallery: ?150,000
investment in telling Lyme¡¯s key story
Now¡­.
June 2017
Mary Anning¡¯s great finds:
Ichthyosaur a Jurassic marine reptile
2. Plesiosaur: a long-necked Jurassic marine
reptile
Dimorphodon: the first flying reptile
discovered outside of Germany
Programme Costs
The Mary Anning Wing Programme,
with all its separate facets costs in the
region of ?1,700,000.
Our income is approximately ?170,000.
We have therefore embarked on a
programme costing 10 times more than
our annual income.
Would any business ever embark on a
project carrying this level of exposure?
Heritage charities very often do this.
The Heritage Lottery
Fund
Our museum has received ?798,000 from
HLF South West.
Applying to HLF is a long and challenging
process ¨C but it has the merit of instilling
discipline.
Many grant giving charities regard HLF as
the ¡®gate-keeper¡¯ and will seriously consider
your application if you have HLF¡¯s support.
HLFs processes ensure that you get many
technical matters right ¨C but it does not
interfere with your duties as trustees ¨C
governance¡­
What Governance Processes have we put in
place?
? The Board of Trustees:
? 1. Quarterly Reports to Trustees from director that are open and
honest ¨C and identify mistakes.
? 2. Ensuring Trustees understand their responsibilities and are able to
make informed discussions.
? 3. Ensuring the skills of appropriate trustees are used.
? 4. Making sure the board of trustees has a diverse range of skills ¨C
and recruiting as appropriate.
? 5. Ensuring Chairman and director can and do work effectively
together.
More Governance¡­
? Regular assessment of risk ¨C for both the Mary Anning Wing
Programme and our operations.
? Creation of our Programme Advisory Board ¨C a mix of trustees and
external experts meeting monthly and monitoring processes.
? Careful monitoring of cashflow ¨C using expertise of Thomas Westcott.
? Regular updates of information to volunteers and staff ¨C it¡¯s the
human relationships that are the most challenging.
? Keeping funders and stake-holders informed.
? Take expert advice - even if this means paying for it!
What have Thomas Westcott ever done for
us?
? Understand how charities operate ¨C and appreciate what our
strengths and weaknesses are
? Manage the Mary Anning Wing cashflow ¨C it¡¯s essential that we get
this right ¨C and it is very reassuring to have an expert make precise
amendments
? Most importantly, negotiated a significant VAT discount with HMRC
for the Mary Anning Wing Programme. The reduction of VAT from
20% to 2% has reduced the programme cost by over ?200,000.
Without this, our programme would not have progressed.
Any Questions?
Volunteers, Trustees,
local school children
and staff celebrate
the award of
?798,000 from the
Heritage Lottery
Fund!
Thank You
Axminster ¡¤ Barnstaple ¡¤ Bideford ¡¤ Bridgwater ¡¤ Burnham on Sea ¡¤ Crediton ¡¤ Exeter ¡¤ Holsworthy ¡¤ Honiton ¡¤ Ilfracombe
¡¤ Langport ¡¤ Okehampton ¡¤ Plymouth ¡¤ Seaton ¡¤ Somerton ¡¤ Tiverton ¡¤ Torquay ¡¤ Weston super Mare
By Your Side. On Your Sidewww.thomaswestcott.co.uk
CHARITIES ACT 2011
By Your Side. On Your Sidewww.thomaswestcott.co.uk
UNINCORPORATED CHARITIES
Gross income is ?25,000 or less
? But greater than ?10,000
? But less than ?10,000
Gross income is greater than ?25,000 and up to ?250,000
Gross income is greater than ?250,000 up to ?1M and total assets do not
exceed ?3.26M
Gross income is greater than ?1M or gross income is greater than ?250,000
and gross assets exceed ?3.26M
By Your Side. On Your Sidewww.thomaswestcott.co.uk
CHARITABLE COMPANIES
By Your Side. On Your Sidewww.thomaswestcott.co.uk
THE CONSTITUTION OF YOUR CHARITY,
IT¡¯S GOVERNING DOCUMENT.
By Your Side. On Your Sidewww.thomaswestcott.co.uk
THE KIDS COMPANY
By Your Side. On Your Sidewww.thomaswestcott.co.uk
PUBLIC TRUST
? Why has it been knocked?
? What can you as Trustees do about it?
By Your Side. On Your Sidewww.thomaswestcott.co.uk
THE THOMAS WESTCOTT CHARITY NEWSLETTER
? Enrol today
By Your Side. On Your Sidewww.thomaswestcott.co.uk
FUNDRAISING
? Be Careful!
By Your Side. On Your Sidewww.thomaswestcott.co.uk
MAKING GRANTS FROM YOUR CHARITY
Be careful
Know the guidance!
By Your Side. On Your Sidewww.thomaswestcott.co.uk
WHY DO I AS A TRUSTEE NEED TO BE AWARE OF
THE REGULATORY FRAMEWORK?
By Your Side. On Your Sidewww.thomaswestcott.co.uk
THANK
YOU
¡°The content of this presentation has been prepared as a guide to topics of current financial business interest. We strongly recommend you take
professional advice before making decisions on matters discussed within. We can accept no responsibility for any loss to any person acting, or
refraining from acting, as a result of this material.¡±
Axminster ¡¤ Barnstaple ¡¤ Bideford ¡¤ Bridgwater ¡¤ Burnham on Sea ¡¤ Crediton ¡¤ Exeter ¡¤ Holsworthy ¡¤ Honiton ¡¤ Ilfracombe
¡¤ Langport ¡¤ Okehampton ¡¤ Plymouth ¡¤ Seaton ¡¤ Somerton ¡¤ Tiverton ¡¤ Torquay ¡¤ Weston super Mare
By Your Side. On Your Sidewww.thomaswestcott.co.uk
FOR ONE YEAR ONLY ¨C SORP 2015
? Periods beginning 1 January 2015
By Your Side. On Your Sidewww.thomaswestcott.co.uk
FRSSE SORP HAS GONE!
By Your Side. On Your Sidewww.thomaswestcott.co.uk
SORP (FRS 102)
? Periods beginning 1 January 2016
? Can adopt early
By Your Side. On Your Sidewww.thomaswestcott.co.uk
WHAT ARE THE KEY CHANGES?
? New definition of a larger charity
? Disclosure amendments
? Related party definition amended
? Differences in accounting
By Your Side. On Your Sidewww.thomaswestcott.co.uk
DEFINITION OF A LARGER CHARITY
? Income over ?500k
By Your Side. On Your Sidewww.thomaswestcott.co.uk
DISCLOSURE AMENDMENTS
? SOFA identical except the treatment of gains and losses on
investments
? Balance sheet identical
? Trustees report is similar
? Cash flow needed for larger charities
? Revised disclosure of exceptional items
By Your Side. On Your Sidewww.thomaswestcott.co.uk
RELATED PARTY DEFINTITION
Related parties include a charity¡¯s trustees and their
close family members and those entities which they
control or in which they have a significant interest.
Entities related to a charity include any subsidiary,
joint venture or associate of the charity.
By Your Side. On Your Sidewww.thomaswestcott.co.uk
RELATED PARTY DISCLOSURE:
The significant changes are:
? The disclosures required for trustees equally apply
to de-facto trustees
? Clarification that trustee expenses include costs
reimbursed and costs paid direct to third parties
? Whilst the details of individual donations without
conditions made by trustees need not be disclosed,
the total amount donated must be disclosed
By Your Side. On Your Sidewww.thomaswestcott.co.uk
RELATED PARTY DISCLOSURE:
The significant changes are:
? Unless immaterial, the total amount of expenses
waived by trustees must be disclosed
? Contributions by a charity to a pension fund for the
benefit of employees must now be disclosed
? Details of redundancy and termination payments for
staff must be disclosed
By Your Side. On Your Sidewww.thomaswestcott.co.uk
RELATED PARTY DISCLOSURE:
The significant changes are:
? All charities must disclose if the member of staff is
paid ?60,000 or more in bands of ?10,000 from
?60,000 upwards
? The total paid to key management personnel must
be disclosed
By Your Side. On Your Sidewww.thomaswestcott.co.uk
DIFFERENCES IN ACCOUNTING
? Holiday day accrual required
? Legacies accounted for when probable
? Discount rates applied to long-term liabilities
? Goodwill amortisation default period is 10 years
? Where practicable unlisted investments to be
valued at fair value
By Your Side. On Your Sidewww.thomaswestcott.co.uk
THE FUTURE?
A NEW SORP IS COMING FOR
2019!
By Your Side. On Your Sidewww.thomaswestcott.co.uk
THANK
YOU
Q & A¡°The content of this presentation has been prepared as a guide to topics of current financial business interest. We strongly recommend you take
professional advice before making decisions on matters discussed within. We can accept no responsibility for any loss to any person acting, or
refraining from acting, as a result of this material.¡±
Axminster ¡¤ Barnstaple ¡¤ Bideford ¡¤ Bridgwater ¡¤ Burnham on Sea ¡¤ Crediton ¡¤ Exeter ¡¤ Holsworthy ¡¤ Honiton ¡¤ Ilfracombe
¡¤ Langport ¡¤ Okehampton ¡¤ Plymouth ¡¤ Seaton ¡¤ Somerton ¡¤ Tiverton ¡¤ Torquay ¡¤ Weston super Mare
By Your Side. On Your Sidewww.thomaswestcott.co.uk
LIKELY LEGAL ENTITIES
? Trust
? Unincorporated Association
? Company limited by Guarantee
? Charitable Incorporated Association
By Your Side. On Your Sidewww.thomaswestcott.co.uk
? All need registration with the Charity
Commission
? CIO is registered as it is formed
By Your Side. On Your Sidewww.thomaswestcott.co.uk
TRUSTS and UNINCORPORATED ASSOCIATIONS
? Normally have a Governing Document
? Rules and Charitable Objects established
? Powers of and Appointment of Trustees
? Permitted Activities of Charity
By Your Side. On Your Sidewww.thomaswestcott.co.uk
UNINCORPORATED CHARITY THEN LIKELY
? No limit on personal liability of trustees
? Charity cannot enter into contracts or investments in own name
? Two or more trustees are named or
? Use of Charities Land holding service required to own land
? Official Custodian of Charities
By Your Side. On Your Sidewww.thomaswestcott.co.uk
COMPANY LIMITED BY GUARANTEE
? Registered at Companies House
? No shareholders
? Non Distribution clauses for both income and capital
? Charitable purposes
? Limited liability of members
By Your Side. On Your Sidewww.thomaswestcott.co.uk
WHY HAVE A CHARITABLE INCORPORATED
ASSOCIATION (CIO)?
? Only registration is with Charity Commission
? Limited liability protection for Trustees
? Legal entity in own right
By Your Side. On Your Sidewww.thomaswestcott.co.uk
WHY HAVE A CIO? (continued)
? Organisation can employ paid staff
? It can enter into contracts in its own name
? It can own freehold or leasehold land and property
By Your Side. On Your Sidewww.thomaswestcott.co.uk
CONVERSION TO CIO
? Unincorporated charity can convert now
? Incorporated ¨C waiting for response to feedback
request ¨C nothing yet
? Feedback request closed 10 June 2016
By Your Side. On Your Sidewww.thomaswestcott.co.uk
TO CONVERT TO A CIO
? Choose Structure
? Write the Governing document
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CHOICE OF CIO STRUCTURE
? There are two types of CIO available
? Association
? Foundation
By Your Side. On Your Sidewww.thomaswestcott.co.uk
ASSOCIATION CIO
? Wider membership
? There are voting members other than trustees
? The members elect a committee (trustees)
? The committee ¡®runs¡¯ the charity
? All members vote on major decisions
By Your Side. On Your Sidewww.thomaswestcott.co.uk
FOUNDATION CIO
? The only members are the trustees
? The charity is run by the trustees
? Probably originates from a trust deed or will
? There are no other voting members
By Your Side. On Your Sidewww.thomaswestcott.co.uk
WRITE THE GOVERNING DOCUMENT
? Guidance on how to write the Charitable Purpose
? An opportunity to review the objects
? Bring the constitution up to date
? Consider the area of operations
? Explain changes to CC
By Your Side. On Your Sidewww.thomaswestcott.co.uk
OTHER POINTS
? Does your existing charity allow the transfer of assets
? Is there a dissolution clause
? Do you have permanent endowments
? You may require Charity Commission permission
? Make sure your existing filing is up to date
? Have a good track record
By Your Side. On Your Sidewww.thomaswestcott.co.uk
APPLY ONLINE
? Beware that questions appear depending on
answers provided!
? Link your application to your existing charity
? Who
? What
? Where
By Your Side. On Your Sidewww.thomaswestcott.co.uk
TRUSTEE DETAILS
? Trustee declarations
? Eligibility to Act
? Understand your charity
? Each trustee must sign a declaration
By Your Side. On Your Sidewww.thomaswestcott.co.uk
TRUSTEES INFORMATION
? Name and former names
? Address
? Date of birth
? Email and contact numbers
? Other trusteeships
By Your Side. On Your Sidewww.thomaswestcott.co.uk
UPLOAD TO CHARITY COMMISSION
? Last accounts of current charity
? Provisional figures / budget for next year
? Transactions with trustees and permissions
? Explain the assets to be transferred
? Permanent Endowment Conditions
By Your Side. On Your Sidewww.thomaswestcott.co.uk
? And WAIT!!
? But CC may come back with questions
By Your Side. On Your Sidewww.thomaswestcott.co.uk
? Transfer the assets and liabilities to the new CIO
? There will be a new charity number ¨C ensure that
documentation is updated
? Some banks allow the same bank account to be
used
? Follow rules re Permanent Endowments
By Your Side. On Your Sidewww.thomaswestcott.co.uk
NEW REGISTRATIONS:
? PAYE
? Gift Aid
? VAT
? General stationery
By Your Side. On Your Sidewww.thomaswestcott.co.uk
? Close previous charity?
? Legacies with specific charity number?
? Linked register at Charity Commission
? Take legal advice
By Your Side. On Your Sidewww.thomaswestcott.co.uk
You should now be a CIO !!
By Your Side. On Your Sidewww.thomaswestcott.co.uk
A COUPLE OF UPDATES TO BE AWARE OF:
? Auto Enrolment
? Fraud Week and protection from it
? Apprenticeship levy
By Your Side. On Your Sidewww.thomaswestcott.co.uk
THANK
YOU
¡°The content of this presentation has been prepared as a guide to topics of current financial business interest. We strongly recommend you take
professional advice before making decisions on matters discussed within. We can accept no responsibility for any loss to any person acting, or
refraining from acting, as a result of this material.¡±
Axminster ¡¤ Barnstaple ¡¤ Bideford ¡¤ Bridgwater ¡¤ Burnham on Sea ¡¤ Crediton ¡¤ Exeter ¡¤ Holsworthy ¡¤ Honiton ¡¤ Ilfracombe
¡¤ Langport ¡¤ Okehampton ¡¤ Plymouth ¡¤ Seaton ¡¤ Somerton ¡¤ Tiverton ¡¤ Torquay ¡¤ Weston super Mare
By Your Side. On Your Sidewww.thomaswestcott.co.uk
LIFE GOES WRONG
By Your Side. On Your Sidewww.thomaswestcott.co.uk
CHARITIES GO WRONG
By Your Side. On Your Sidewww.thomaswestcott.co.uk
By Your Side. On Your Sidewww.thomaswestcott.co.uk
? OVERLY DOMINANT CHIEF
EXECUTIVE
? LACK OF FINANCIAL CONTROL
? STAGNANT OR WEAK BOARD
By Your Side. On Your Sidewww.thomaswestcott.co.uk
By Your Side. On Your Sidewww.thomaswestcott.co.uk
By Your Side. On Your Sidewww.thomaswestcott.co.uk
? FRIENDS AND FAMILY
? ARGUMENTATIVE / ABRASIVE /
CHALLENGING / DESTRUCTIVE
? MEETINGS
By Your Side. On Your Sidewww.thomaswestcott.co.uk
BEST INTERESTS OF THE CHARITY?
By Your Side. On Your Sidewww.thomaswestcott.co.uk
? CONFRONT THEM
? SEEK ADVICE
? RESIGN
By Your Side. On Your Sidewww.thomaswestcott.co.uk
By Your Side. On Your Sidewww.thomaswestcott.co.uk
? RANGE OF SKILLS
? HOLD EXECUTIVE TO ACCOUNT
? FURTHER THE AIMS OF THE CHARITY
By Your Side. On Your Sidewww.thomaswestcott.co.uk
? APPOINTMENT POLICY
? DEVELOPMENT POLICY
? RETIREMENT POLICY
? CHOCOLATE TEAPOT
(ACCOUNTANT)
By Your Side. On Your Sidewww.thomaswestcott.co.uk
By Your Side. On Your Sidewww.thomaswestcott.co.uk
By Your Side. On Your Sidewww.thomaswestcott.co.uk
? ASK QUESTIONS
? KEEP ASKING THEM
? EXTERNAL ADVISORS
By Your Side. On Your Sidewww.thomaswestcott.co.uk
By Your Side. On Your Sidewww.thomaswestcott.co.uk
By Your Side. On Your Sidewww.thomaswestcott.co.uk
THANK
YOU
¡°The content of this presentation has been prepared as a guide to topics of current financial business interest. We strongly recommend you take
professional advice before making decisions on matters discussed within. We can accept no responsibility for any loss to any person acting, or
refraining from acting, as a result of this material.¡±
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Ad

Annual Charity Seminar 2016

  • 1. WELCOME TO THE THOMAS WESTCOTT ANNUAL CHARITY SEMINAR 2016 Axminster ¡¤ Barnstaple ¡¤ Bideford ¡¤ Bridgwater ¡¤ Burnham on Sea ¡¤ Crediton ¡¤ Exeter ¡¤ Holsworthy ¡¤ Honiton ¡¤ Ilfracombe ¡¤ Langport ¡¤ Okehampton ¡¤ Plymouth ¡¤ Seaton ¡¤ Somerton ¡¤ Tiverton ¡¤ Torquay ¡¤ Weston super Mare
  • 2. Lyme Regis Museum The Mary Anning Wing
  • 3. Lyme Regis Museum Lyme Regis Museum was built in 1902 on the site of the home of Mary Anning, the world¡¯s first great fossil hunter and early scientist. The museum¡¯s collections are varied and cover: ? Lyme¡¯s important role in the birth of the science of palaeontology ? Lyme¡¯s literary connections ¨C John Fowles, Jane Austen and latterly, Tracy Chevalier ? The birthplace of Thomas Coram ¨C founder of England¡¯s first charity, ¡®The Foundlings Hospital ? George Somers and the founding of the Bermuda ¨C and much else!
  • 4. What we are and what we do Our museum has been in operation since 1921 and became a charity in 1993. ? We collect, display and conserve Lyme¡¯s history ? We make the collections and their stories accessible to our visitors in the museum and on-line ? We run a wide range of educational activities, including fossil walks and a wide range of education sessions for schools, universities and adults ? We offer many opportunities for people to enhance their lives through volunteering at our museum
  • 5. The Mary Anning Wing Programme We have identified that for our museum to thrive in an age where local government support is likely to significantly decline it needs to become self-sufficient. The Mary Anning Wing will provide the services we lack ¨C a new class/function room, bigger shop, lift loos and a redesigned fossil gallery. The Wing¡¯s construction is well over ?1,000,000 ¨C a modern building of zinc and glass, complementing the 1902 striking 1902 structure.
  • 6. The New Geology Gallery: ?150,000 investment in telling Lyme¡¯s key story Now¡­. June 2017
  • 7. Mary Anning¡¯s great finds: Ichthyosaur a Jurassic marine reptile
  • 8. 2. Plesiosaur: a long-necked Jurassic marine reptile
  • 9. Dimorphodon: the first flying reptile discovered outside of Germany
  • 10. Programme Costs The Mary Anning Wing Programme, with all its separate facets costs in the region of ?1,700,000. Our income is approximately ?170,000. We have therefore embarked on a programme costing 10 times more than our annual income. Would any business ever embark on a project carrying this level of exposure? Heritage charities very often do this.
  • 11. The Heritage Lottery Fund Our museum has received ?798,000 from HLF South West. Applying to HLF is a long and challenging process ¨C but it has the merit of instilling discipline. Many grant giving charities regard HLF as the ¡®gate-keeper¡¯ and will seriously consider your application if you have HLF¡¯s support. HLFs processes ensure that you get many technical matters right ¨C but it does not interfere with your duties as trustees ¨C governance¡­
  • 12. What Governance Processes have we put in place? ? The Board of Trustees: ? 1. Quarterly Reports to Trustees from director that are open and honest ¨C and identify mistakes. ? 2. Ensuring Trustees understand their responsibilities and are able to make informed discussions. ? 3. Ensuring the skills of appropriate trustees are used. ? 4. Making sure the board of trustees has a diverse range of skills ¨C and recruiting as appropriate. ? 5. Ensuring Chairman and director can and do work effectively together.
  • 13. More Governance¡­ ? Regular assessment of risk ¨C for both the Mary Anning Wing Programme and our operations. ? Creation of our Programme Advisory Board ¨C a mix of trustees and external experts meeting monthly and monitoring processes. ? Careful monitoring of cashflow ¨C using expertise of Thomas Westcott. ? Regular updates of information to volunteers and staff ¨C it¡¯s the human relationships that are the most challenging. ? Keeping funders and stake-holders informed. ? Take expert advice - even if this means paying for it!
  • 14. What have Thomas Westcott ever done for us? ? Understand how charities operate ¨C and appreciate what our strengths and weaknesses are ? Manage the Mary Anning Wing cashflow ¨C it¡¯s essential that we get this right ¨C and it is very reassuring to have an expert make precise amendments ? Most importantly, negotiated a significant VAT discount with HMRC for the Mary Anning Wing Programme. The reduction of VAT from 20% to 2% has reduced the programme cost by over ?200,000. Without this, our programme would not have progressed.
  • 15. Any Questions? Volunteers, Trustees, local school children and staff celebrate the award of ?798,000 from the Heritage Lottery Fund!
  • 17. Axminster ¡¤ Barnstaple ¡¤ Bideford ¡¤ Bridgwater ¡¤ Burnham on Sea ¡¤ Crediton ¡¤ Exeter ¡¤ Holsworthy ¡¤ Honiton ¡¤ Ilfracombe ¡¤ Langport ¡¤ Okehampton ¡¤ Plymouth ¡¤ Seaton ¡¤ Somerton ¡¤ Tiverton ¡¤ Torquay ¡¤ Weston super Mare
  • 18. By Your Side. On Your Sidewww.thomaswestcott.co.uk CHARITIES ACT 2011
  • 19. By Your Side. On Your Sidewww.thomaswestcott.co.uk UNINCORPORATED CHARITIES Gross income is ?25,000 or less ? But greater than ?10,000 ? But less than ?10,000 Gross income is greater than ?25,000 and up to ?250,000 Gross income is greater than ?250,000 up to ?1M and total assets do not exceed ?3.26M Gross income is greater than ?1M or gross income is greater than ?250,000 and gross assets exceed ?3.26M
  • 20. By Your Side. On Your Sidewww.thomaswestcott.co.uk CHARITABLE COMPANIES
  • 21. By Your Side. On Your Sidewww.thomaswestcott.co.uk THE CONSTITUTION OF YOUR CHARITY, IT¡¯S GOVERNING DOCUMENT.
  • 22. By Your Side. On Your Sidewww.thomaswestcott.co.uk THE KIDS COMPANY
  • 23. By Your Side. On Your Sidewww.thomaswestcott.co.uk PUBLIC TRUST ? Why has it been knocked? ? What can you as Trustees do about it?
  • 24. By Your Side. On Your Sidewww.thomaswestcott.co.uk THE THOMAS WESTCOTT CHARITY NEWSLETTER ? Enrol today
  • 25. By Your Side. On Your Sidewww.thomaswestcott.co.uk FUNDRAISING ? Be Careful!
  • 26. By Your Side. On Your Sidewww.thomaswestcott.co.uk MAKING GRANTS FROM YOUR CHARITY Be careful Know the guidance!
  • 27. By Your Side. On Your Sidewww.thomaswestcott.co.uk WHY DO I AS A TRUSTEE NEED TO BE AWARE OF THE REGULATORY FRAMEWORK?
  • 28. By Your Side. On Your Sidewww.thomaswestcott.co.uk THANK YOU ¡°The content of this presentation has been prepared as a guide to topics of current financial business interest. We strongly recommend you take professional advice before making decisions on matters discussed within. We can accept no responsibility for any loss to any person acting, or refraining from acting, as a result of this material.¡±
  • 29. Axminster ¡¤ Barnstaple ¡¤ Bideford ¡¤ Bridgwater ¡¤ Burnham on Sea ¡¤ Crediton ¡¤ Exeter ¡¤ Holsworthy ¡¤ Honiton ¡¤ Ilfracombe ¡¤ Langport ¡¤ Okehampton ¡¤ Plymouth ¡¤ Seaton ¡¤ Somerton ¡¤ Tiverton ¡¤ Torquay ¡¤ Weston super Mare
  • 30. By Your Side. On Your Sidewww.thomaswestcott.co.uk FOR ONE YEAR ONLY ¨C SORP 2015 ? Periods beginning 1 January 2015
  • 31. By Your Side. On Your Sidewww.thomaswestcott.co.uk FRSSE SORP HAS GONE!
  • 32. By Your Side. On Your Sidewww.thomaswestcott.co.uk SORP (FRS 102) ? Periods beginning 1 January 2016 ? Can adopt early
  • 33. By Your Side. On Your Sidewww.thomaswestcott.co.uk WHAT ARE THE KEY CHANGES? ? New definition of a larger charity ? Disclosure amendments ? Related party definition amended ? Differences in accounting
  • 34. By Your Side. On Your Sidewww.thomaswestcott.co.uk DEFINITION OF A LARGER CHARITY ? Income over ?500k
  • 35. By Your Side. On Your Sidewww.thomaswestcott.co.uk DISCLOSURE AMENDMENTS ? SOFA identical except the treatment of gains and losses on investments ? Balance sheet identical ? Trustees report is similar ? Cash flow needed for larger charities ? Revised disclosure of exceptional items
  • 36. By Your Side. On Your Sidewww.thomaswestcott.co.uk RELATED PARTY DEFINTITION Related parties include a charity¡¯s trustees and their close family members and those entities which they control or in which they have a significant interest. Entities related to a charity include any subsidiary, joint venture or associate of the charity.
  • 37. By Your Side. On Your Sidewww.thomaswestcott.co.uk RELATED PARTY DISCLOSURE: The significant changes are: ? The disclosures required for trustees equally apply to de-facto trustees ? Clarification that trustee expenses include costs reimbursed and costs paid direct to third parties ? Whilst the details of individual donations without conditions made by trustees need not be disclosed, the total amount donated must be disclosed
  • 38. By Your Side. On Your Sidewww.thomaswestcott.co.uk RELATED PARTY DISCLOSURE: The significant changes are: ? Unless immaterial, the total amount of expenses waived by trustees must be disclosed ? Contributions by a charity to a pension fund for the benefit of employees must now be disclosed ? Details of redundancy and termination payments for staff must be disclosed
  • 39. By Your Side. On Your Sidewww.thomaswestcott.co.uk RELATED PARTY DISCLOSURE: The significant changes are: ? All charities must disclose if the member of staff is paid ?60,000 or more in bands of ?10,000 from ?60,000 upwards ? The total paid to key management personnel must be disclosed
  • 40. By Your Side. On Your Sidewww.thomaswestcott.co.uk DIFFERENCES IN ACCOUNTING ? Holiday day accrual required ? Legacies accounted for when probable ? Discount rates applied to long-term liabilities ? Goodwill amortisation default period is 10 years ? Where practicable unlisted investments to be valued at fair value
  • 41. By Your Side. On Your Sidewww.thomaswestcott.co.uk THE FUTURE? A NEW SORP IS COMING FOR 2019!
  • 42. By Your Side. On Your Sidewww.thomaswestcott.co.uk THANK YOU Q & A¡°The content of this presentation has been prepared as a guide to topics of current financial business interest. We strongly recommend you take professional advice before making decisions on matters discussed within. We can accept no responsibility for any loss to any person acting, or refraining from acting, as a result of this material.¡±
  • 43. Axminster ¡¤ Barnstaple ¡¤ Bideford ¡¤ Bridgwater ¡¤ Burnham on Sea ¡¤ Crediton ¡¤ Exeter ¡¤ Holsworthy ¡¤ Honiton ¡¤ Ilfracombe ¡¤ Langport ¡¤ Okehampton ¡¤ Plymouth ¡¤ Seaton ¡¤ Somerton ¡¤ Tiverton ¡¤ Torquay ¡¤ Weston super Mare
  • 44. By Your Side. On Your Sidewww.thomaswestcott.co.uk LIKELY LEGAL ENTITIES ? Trust ? Unincorporated Association ? Company limited by Guarantee ? Charitable Incorporated Association
  • 45. By Your Side. On Your Sidewww.thomaswestcott.co.uk ? All need registration with the Charity Commission ? CIO is registered as it is formed
  • 46. By Your Side. On Your Sidewww.thomaswestcott.co.uk TRUSTS and UNINCORPORATED ASSOCIATIONS ? Normally have a Governing Document ? Rules and Charitable Objects established ? Powers of and Appointment of Trustees ? Permitted Activities of Charity
  • 47. By Your Side. On Your Sidewww.thomaswestcott.co.uk UNINCORPORATED CHARITY THEN LIKELY ? No limit on personal liability of trustees ? Charity cannot enter into contracts or investments in own name ? Two or more trustees are named or ? Use of Charities Land holding service required to own land ? Official Custodian of Charities
  • 48. By Your Side. On Your Sidewww.thomaswestcott.co.uk COMPANY LIMITED BY GUARANTEE ? Registered at Companies House ? No shareholders ? Non Distribution clauses for both income and capital ? Charitable purposes ? Limited liability of members
  • 49. By Your Side. On Your Sidewww.thomaswestcott.co.uk WHY HAVE A CHARITABLE INCORPORATED ASSOCIATION (CIO)? ? Only registration is with Charity Commission ? Limited liability protection for Trustees ? Legal entity in own right
  • 50. By Your Side. On Your Sidewww.thomaswestcott.co.uk WHY HAVE A CIO? (continued) ? Organisation can employ paid staff ? It can enter into contracts in its own name ? It can own freehold or leasehold land and property
  • 51. By Your Side. On Your Sidewww.thomaswestcott.co.uk CONVERSION TO CIO ? Unincorporated charity can convert now ? Incorporated ¨C waiting for response to feedback request ¨C nothing yet ? Feedback request closed 10 June 2016
  • 52. By Your Side. On Your Sidewww.thomaswestcott.co.uk TO CONVERT TO A CIO ? Choose Structure ? Write the Governing document
  • 53. By Your Side. On Your Sidewww.thomaswestcott.co.uk CHOICE OF CIO STRUCTURE ? There are two types of CIO available ? Association ? Foundation
  • 54. By Your Side. On Your Sidewww.thomaswestcott.co.uk ASSOCIATION CIO ? Wider membership ? There are voting members other than trustees ? The members elect a committee (trustees) ? The committee ¡®runs¡¯ the charity ? All members vote on major decisions
  • 55. By Your Side. On Your Sidewww.thomaswestcott.co.uk FOUNDATION CIO ? The only members are the trustees ? The charity is run by the trustees ? Probably originates from a trust deed or will ? There are no other voting members
  • 56. By Your Side. On Your Sidewww.thomaswestcott.co.uk WRITE THE GOVERNING DOCUMENT ? Guidance on how to write the Charitable Purpose ? An opportunity to review the objects ? Bring the constitution up to date ? Consider the area of operations ? Explain changes to CC
  • 57. By Your Side. On Your Sidewww.thomaswestcott.co.uk OTHER POINTS ? Does your existing charity allow the transfer of assets ? Is there a dissolution clause ? Do you have permanent endowments ? You may require Charity Commission permission ? Make sure your existing filing is up to date ? Have a good track record
  • 58. By Your Side. On Your Sidewww.thomaswestcott.co.uk APPLY ONLINE ? Beware that questions appear depending on answers provided! ? Link your application to your existing charity ? Who ? What ? Where
  • 59. By Your Side. On Your Sidewww.thomaswestcott.co.uk TRUSTEE DETAILS ? Trustee declarations ? Eligibility to Act ? Understand your charity ? Each trustee must sign a declaration
  • 60. By Your Side. On Your Sidewww.thomaswestcott.co.uk TRUSTEES INFORMATION ? Name and former names ? Address ? Date of birth ? Email and contact numbers ? Other trusteeships
  • 61. By Your Side. On Your Sidewww.thomaswestcott.co.uk UPLOAD TO CHARITY COMMISSION ? Last accounts of current charity ? Provisional figures / budget for next year ? Transactions with trustees and permissions ? Explain the assets to be transferred ? Permanent Endowment Conditions
  • 62. By Your Side. On Your Sidewww.thomaswestcott.co.uk ? And WAIT!! ? But CC may come back with questions
  • 63. By Your Side. On Your Sidewww.thomaswestcott.co.uk ? Transfer the assets and liabilities to the new CIO ? There will be a new charity number ¨C ensure that documentation is updated ? Some banks allow the same bank account to be used ? Follow rules re Permanent Endowments
  • 64. By Your Side. On Your Sidewww.thomaswestcott.co.uk NEW REGISTRATIONS: ? PAYE ? Gift Aid ? VAT ? General stationery
  • 65. By Your Side. On Your Sidewww.thomaswestcott.co.uk ? Close previous charity? ? Legacies with specific charity number? ? Linked register at Charity Commission ? Take legal advice
  • 66. By Your Side. On Your Sidewww.thomaswestcott.co.uk You should now be a CIO !!
  • 67. By Your Side. On Your Sidewww.thomaswestcott.co.uk A COUPLE OF UPDATES TO BE AWARE OF: ? Auto Enrolment ? Fraud Week and protection from it ? Apprenticeship levy
  • 68. By Your Side. On Your Sidewww.thomaswestcott.co.uk THANK YOU ¡°The content of this presentation has been prepared as a guide to topics of current financial business interest. We strongly recommend you take professional advice before making decisions on matters discussed within. We can accept no responsibility for any loss to any person acting, or refraining from acting, as a result of this material.¡±
  • 69. Axminster ¡¤ Barnstaple ¡¤ Bideford ¡¤ Bridgwater ¡¤ Burnham on Sea ¡¤ Crediton ¡¤ Exeter ¡¤ Holsworthy ¡¤ Honiton ¡¤ Ilfracombe ¡¤ Langport ¡¤ Okehampton ¡¤ Plymouth ¡¤ Seaton ¡¤ Somerton ¡¤ Tiverton ¡¤ Torquay ¡¤ Weston super Mare
  • 70. By Your Side. On Your Sidewww.thomaswestcott.co.uk LIFE GOES WRONG
  • 71. By Your Side. On Your Sidewww.thomaswestcott.co.uk CHARITIES GO WRONG
  • 72. By Your Side. On Your Sidewww.thomaswestcott.co.uk
  • 73. By Your Side. On Your Sidewww.thomaswestcott.co.uk ? OVERLY DOMINANT CHIEF EXECUTIVE ? LACK OF FINANCIAL CONTROL ? STAGNANT OR WEAK BOARD
  • 74. By Your Side. On Your Sidewww.thomaswestcott.co.uk
  • 75. By Your Side. On Your Sidewww.thomaswestcott.co.uk
  • 76. By Your Side. On Your Sidewww.thomaswestcott.co.uk ? FRIENDS AND FAMILY ? ARGUMENTATIVE / ABRASIVE / CHALLENGING / DESTRUCTIVE ? MEETINGS
  • 77. By Your Side. On Your Sidewww.thomaswestcott.co.uk BEST INTERESTS OF THE CHARITY?
  • 78. By Your Side. On Your Sidewww.thomaswestcott.co.uk ? CONFRONT THEM ? SEEK ADVICE ? RESIGN
  • 79. By Your Side. On Your Sidewww.thomaswestcott.co.uk
  • 80. By Your Side. On Your Sidewww.thomaswestcott.co.uk ? RANGE OF SKILLS ? HOLD EXECUTIVE TO ACCOUNT ? FURTHER THE AIMS OF THE CHARITY
  • 81. By Your Side. On Your Sidewww.thomaswestcott.co.uk ? APPOINTMENT POLICY ? DEVELOPMENT POLICY ? RETIREMENT POLICY ? CHOCOLATE TEAPOT (ACCOUNTANT)
  • 82. By Your Side. On Your Sidewww.thomaswestcott.co.uk
  • 83. By Your Side. On Your Sidewww.thomaswestcott.co.uk
  • 84. By Your Side. On Your Sidewww.thomaswestcott.co.uk ? ASK QUESTIONS ? KEEP ASKING THEM ? EXTERNAL ADVISORS
  • 85. By Your Side. On Your Sidewww.thomaswestcott.co.uk
  • 86. By Your Side. On Your Sidewww.thomaswestcott.co.uk
  • 87. By Your Side. On Your Sidewww.thomaswestcott.co.uk THANK YOU ¡°The content of this presentation has been prepared as a guide to topics of current financial business interest. We strongly recommend you take professional advice before making decisions on matters discussed within. We can accept no responsibility for any loss to any person acting, or refraining from acting, as a result of this material.¡±