Charity Formation

If you wish to set up a charitable organisation, you will need to consider the different options available to you. Charities can have many constitutional forms, such as companies, trusts or unincorporated associations.

To become a charity in Scotland you must apply to OSCR (Office of the Scottish Charity Regulator) for charitable status. Furthermore, it is a requirement of Charity Law in Scotland that your organisation only have charitable purposes and that it must provide a benefit to the public.

As well as the options listed above, a recent form of charitable status has also became available, The Scottish Charitable Incorporated Organisation (SCIO) - a new legal form for registered Scottish charities, making them legal entities able to enter into contracts, employ staff, incur debts, own property, sue and be sued. Whether you are an existing charity or a new start-up, we can provide information and guidance on the implications and differences this status brings, and assist with the application/conversion process.

At Munro & Noble, we have the experience and expertise in place to advise on which option is best for you and your organisation, to register the necessary paperwork and help you meet the legal responsibilities required once established.

If you have an enquiry relating to Charity Formation, either email Peter McLuckie or David Hewitson, or telephone: 01463-221727

Peter McLuckie | SolicitorPeter deals with all aspects of Corporate and Commercial work including Company formation and management, Shareholders Agreements, Commercial Contract, Commercial Property, Joint Ventures, Acquisitions and Disposals.

David Hewitson | Managing PartnerThe Department is headed by Partner David Hewitson; David has significant expertise in Trust & Executry Law and is highly regarded by his clients and peers alike.