The Law of Charities
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Product details:
- Publisher OUP Oxford
- Date of Publication 29 March 2001
- ISBN 9780198267836
- Binding Hardback
- No. of pages1082 pages
- Size 254x177x59 mm
- Weight 1838 g
- Language English 0
Categories
Short description:
This major new contribution to the literature on charity law is the result of collaboration between an expert academic and a leading practitioner in the field. The combination of their different skills and experience produces an in-depth analysis of the law that is informed both by detailed scholarship and an understanding of how charity law really operates in practice today. It incorporates analysis of the likely effects of the Human Rights Act 1998 and of the important changes made by The Finance Act 2000 and The Trustee Act 2000.
MoreLong description:
In the last decade, the Charities Acts 1992 and 1993, the emergence of 'the contract culture', and the changing role of the Charity Commissioner, have all contributed to the growing importance of charity law to the practitioner. The Trustee Bill 2000, when enacted, will affect charitable trusts in a number of areas, especially investment and delegation. The Finance Bill 2000 contains some of the most sweeping changes to charity taxation for many years. The Human Rights Act 1998, due to come into force in October 2000, will have an important, but as yet uncertain impact on charities.
These recent developments receive full treatment in this book, which aims to provide lawyers and others involved in charity management with an up to date and comprehensive commentary on charity law, including suggestions for drafting. With many new charities being formed as companies, the importance of the various legal structures available to charities is emphasised throughout. Particular attention is also devoted to the view of the Commissioners in the light of their controversial Review of the Register.
As for the profession it would be surprising not to say disappointing if this most useful work did not find a place on their library shelves.
Table of Contents:
PART I: INTRODUCTION
The Shaping of Charity Law
The Advantages and Disadvantages of Charitable Status
Charities and Taxation
PART II: THE MEANING OF CHARITY
Charitable Purposes
Benefit to a Sufficient Section of the Community
Wholly and Exclusively Charitable
Political Purposes and Political Activity
PART III: LEGAL STRUCTURES AND GOVERNANCE
Legal Structures and the Distribution of Power
Trustees, Committee Members, and Directors
PART IV: SUPERVISION AND CONTROL
The Charity Commissioners
The Court's Jurisdiction Over Charities
The Visitatorial Jurisdiction
Legal Proceedings
Mediation and Dispute Resolution
PART V: CHARITY PROPERTY
Cy-près and Schemes
Charity Investment
Dealings with Land
Disclaimer of Property and Ex Gratia Payments
PART VI. CHARITABLE GIVING AND FUND-RAISING
Charitable Giving and Taxation
Charities and Trading
Regulation of Fund-raising
Public Charitable Collections
Advertising and Broadcast Appeals
Lotteries, Competitions and Amusements
Disaster Funds
PART VII: DISSOLUTION OF CHARITIES
Dissolution of Charities
Trustee Act 2000
Charity Law Association Model Documents:
Trust Deed for a Charitable Trust
Constitution fo a Charitable Unincorporated Association
Memorandum and Articles of Association for a Charitable Company Limited by Guarantee
