Charity Formations and Registration

For the creative and cultural sectors, choosing the right legal structure is the most significant decision you will make at the outset. It dictates how you are taxed, your eligibility for certain grants, and the level of personal liability your trustees or directors will hold.

We guide you through the entire lifecycle of starting a new entity, from initial feasibility to the day your Charity Commission or Companies House registration is confirmed.

We don’t just “fill in forms”; we work with you to articulate your creative mission in a way that satisfies legal requirements.

Our range of services within charity formations and applications includes:

• Legal Structure Advice: We advise on the best model for your goals, whether that is a Charitable Incorporated Organisation (CIO), a Company Limited by Guarantee, or a Charitable Trust. We explain the pros and cons of each, specifically regarding your plans for borrowing, property ownership, and trading.
• Drafting Governing Documents: We draft bespoke Articles of Association or Constitutions that reflect how you actually want to run your organisation. We ensure these documents include the necessary powers to commission art, hold intellectual property, and operate in a modern, digital-first environment.
• Charity Commission Applications: We manage the entire application process, including drafting the “Public Benefit” statement. This is the most common point of failure for new charities; we ensure your artistic or cultural activities are framed correctly to meet the Commission’s legal criteria.
• Companies House Incorporation: For those choosing a company structure, we handle the incorporation at Companies House, ensuring your Articles are “charity-ready” and that your directors are correctly registered.
• Wholly-Owned Trading Subsidiaries: For organisations planning significant commercial activity (such as a cafe, shop, or high-value ticket sales), we advise on and set up “trading subsidiaries” to protect your charitable assets from commercial risk.
• HMRC Charity Recognition: Once registered, we assist with your application to HMRC for recognition as a charity for tax purposes, which is essential for claiming Gift Aid and business rate relief.
• Opening Board Support: We provide “year zero” governance support, helping your inaugural board understand their roles and setting up your first minute books and statutory registers.
• Conversion and Restructuring: If you are an existing unincorporated association looking to become a CIO (Incorporation), we manage the legal transfer of assets and the closure of the old entity.

By managing the technical setup, we ensure your organisation is built on a solid legal foundation, allowing you to focus on launching your creative program with confidence.