Will the charity commission register as a charity a new charity which contains power for a solicitor to charge for being a trustee-ie not just for legal work, but for acting as a trustee?
Simon Northcott
In general yes. There is nothing in the law to prevent it but the Charity Commission will still require you to provide a justification in the application and may ask follow up questions. In general, if only one professional trustee is charging and this can be explained in terms of ensuring proper, professional, administration of the charity, I would expect it to be accepted.
There is guidance in CC11 and OG515-5 but that is really aimed at applications by existing charities where they do not have express power within their constitution.
Andrew Goodman
Osborne Clarke LLP
See section 185 Charities Act 2011 and the charities own constitution, usually clause 6.
Iain Cameron
Star Legal