The Law of Charities

Erscheinungsjahr 2001
ISBN: 978-0-19-826783-6
Verlag: Oxford University Press

Buch, Englisch, 1082 Seiten, Format (B × H): 177 mm x 254 mm, Gewicht: 1838 g

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.

Autoren/Hrsg.

Luxton, Peter

Weitere Mitwirkende

Hill, Judith

Fachgebiete

• Rechtswissenschaften Ausländisches Recht Common Law (UK, USA, Australien u.a.)

Inhaltsverzeichnis

- PART I: INTRODUCTION

- 1: The Shaping of Charity Law

- 2: The Advantages and Disadvantages of Charitable Status

- 3: Charities and Taxation

- PART II: THE MEANING OF CHARITY

- 4: Charitable Purposes

- 5: Benefit to a Sufficient Section of the Community

- 6: Wholly and Exclusively Charitable

- 7: Political Purposes and Political Activity

- PART III: LEGAL STRUCTURES AND GOVERNANCE

- 8: Legal Structures and the Distribution of Power

- 9: Trustees, Committee Members, and Directors

- PART IV: SUPERVISION AND CONTROL

- 10: The Charity Commissioners

- 11: The Court's Jurisdiction Over Charities

- 12: The Visitatorial Jurisdiction

- 13: Legal Proceedings

- 14: Mediation and Dispute Resolution

- PART V: CHARITY PROPERTY

- 15: Cy-près and Schemes

- 16: Charity Investment

- 17: Dealings with Land

- 18: Disclaimer of Property and Ex Gratia Payments

- PART VI. CHARITABLE GIVING AND FUND-RAISING

- 19: Charitable Giving and Taxation

- 20: Charities and Trading

- 21: Regulation of Fund-raising

- 22: Public Charitable Collections

- 23: Advertising and Broadcast Appeals

- 24: Lotteries, Competitions and Amusements

- 25: Disaster Funds

- PART VII: DISSOLUTION OF CHARITIES

- 26: Dissolution of Charities

- APPENDICES

- 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

Über Autor(innen)

Peter Luxton is Professor of Property Law at De Montfort University, Leicester and a qualified solicitor. He is author of two books and numerous articles on trust and charity law. He is editor of the Business Property section of the Journal of Business Law and on the Advisory Editorial Board of Charity Law and Practice Review.

Judith Hill is Partner with Farrer & Co solicitors.