Whatever the short, medium and longer term outcomes of the
UK's Leave/ Brexit vote, charities and the wider third sector
will today, next week, next month and next year be working hard to
makea difference and create impact in society. As for all
professional and business-focussed organisations, there are legal
and related issues that charities should be considering with a
potentially changing constitutional landscape.
do any (funding) contracts have
specific EU-related provisions (particularly if they could trigger
charities with investments (including
foreign currency)will wish to carefully monitor matters with their
financial and investment advisers as markets etc react
Nothing has formally changed yet... the continued focus on
purposes and governance
Because the legal, diplomatic and practical processes for
unwinding the ultimate Brexit settlement will take some time,
charities in Scotland should continue to be focussing on strong
governance as the bedrock for furthering their purposes and making
impact in their chosen area. There are a number of new regulatory
issues for charities to consider now irrespective
of what happens on Brexit. We summarised some key changes in our May charities e-update.
On legal form, constitutions and governance, the new OSCR Annual
Return asks charities to state when they last reviewed their
constitution. To help answer that best, we are offering all
charities a FREE meeting to look at this very point. Helping
charities kick off the new "Targeted Regulation" regime
on the right governance foot. Email or call Alan Eccles to arrange your meeting.
The recent case of Dickinson v NAL Realisations (Staffordshire) Ltd is a "101" guide to how not to run a small business, providing insight into the pitfalls that can await any director or shareholder...
As the Brexit negotiations start, one direct impact is an interest from clients and advisers looking to have flexibility in their organisational structure ahead of any legislative or other changes being implemented.
An assignment of rights under a contract is normally restricted to the benefit of the contract. Where a party wishes to transfer both the benefit and burden of the contract this generally needs to be done by way of a novation.
Any UK companies doing business with the rest of the EU, or even just in the UK but relying on customers and suppliers who deal with the rest of the EU, should be keeping an eye out for the ramifications of Brexit.
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