News

SEPT 2017. After many years of waiting, the Government has tabled the key statutory instrument in Parliament that will allow charitable companies in England & Wales to convert directly to CIOs.  This will save all the complications of dual registration with Companies House as well as with the Charity Commission (CC) as a CIO is registered only with the CC.  Moreover, accounting requirements and many procedural issues are much simpler for CIOs.  Subject to Parliamentary approval, the regulations will take effect from 1 January 2018. From that date, subject to passing certain resolutions (and a phasing process for consideration of applications) a charitable company can apply to the CC to become a CIO –  but without giving up its existing corporate status – so there will be no need to transfer staff, property etc.  A similar process is allowed for community interest companies (CICs).  The process is described in detail in Gareth Morgan’s book on CIOs. Kubernesis is fully equipped to support charitable companies and CICs wishing to convert to CIOs – please get in touch for further details of our services.

MAY 2017: Senior Partner of Kubernesis, Dr Gareth Morgan, was admitted this month as an Associate Writer to the Signet (AWS). The Society of Writers to the Signet (or WS Society for short) is a distinguished incorporated body of Scottish lawyers with over 500 years of history. It is based at the Signet Library, a very prestigious law library in the heart of Edinburgh. Members are typically senior lawyers in some to the top Scottish law firms, but the rules allow for those with significant legal experience relevant to the Society (even though not qualified as a lawyer in Scotland) to be admitted as an AWS – in Gareth’s case this was because of his work on charity regulation across England and Scotland. He was formally admitted as an Associate Writer to the Signet in a ceremony at the Signet Library presided over by Lord Mackay of Clashfern KT (former Lord Chancellor) who is the Keeper of the Signet.

AUGUST 2016: The Kubernesis Partnership LLP has launched a base in Scotland, not far from Edinburgh – in addition to our main office in York. We already work with a number of Scottish charities and we are expecting this work to grow in future. Moreover, senior partner, Gareth Morgan, is quite frequently contributing to charity conferences and events in Scotland.

Given the substantial differences in charity law between England and Wales on the one hand and Scotland on the other, and a different regulator (OSCR rather than the Charity Commission) we felt it would be helpful to have a base in both jurisdictions. In future we will therefore be able to take on work with Scottish charities and umbrella bodies more easily and with much lower travel expenses for clients. We also anticipate that our seminars will include some events in Edinburgh (specifically geared to Scottish charities) as well as events in York (focused on charities in England and Wales). The Kubernesis Scottish office is in East Lothian and became  operational from late August 2016. Please email scotland@kubernesis.co.uk for further details.

JANUARY 2016: The Kubernesis Partnership LLP is delighted to announce three new Kubernesis seminars for 2016 – in March, June and October – spanning all our areas of expertise: charity accounting (SORPs 2015), charity tax, and charity formations. For full details see the Seminars page.

DECEMBER 2015: Gareth Morgan has now stepped down from his role as Professor of Charity Studies at Sheffield Hallam University and is now concentrating most of his time with The Kubernesis Partnership LLP (although he continues a small role in the University as an Emeritus Professor). His valedictory lecture The End of Charity? is available to download – delivered on 9 December 2015.

NOVEMBER 2014: In relation to his academic work, Professor Gareth Morgan was asked to give evidence in person to the Joint Parliamentary Committee on the Draft Protection of Charities Bill. For a copy of his written submission and a transcript of the session, see the Resources page.

NOVEMBER 2013: The Kubernesis Partnership LLP has responded to the consultation on the new Charities SORP, drawing on the views expressed at our seminar – see the Resources page for details.

JUNE 2013: Gareth Morgan’s long-awaited book on CIOs is now published:  just five months after the implementation of CIOs in England.  Click here for full details and online ordering.

NOV 2012: The regulations for Charitable Incorporated Organisations in England and Wales have finally been agreed by Parliament and the Charity Commission is accepting applications for registration of CIOs from December.

DEC 2011: The Charities Act 2011 has now received the Royal Assent and will take effect from 14 March 2012, replacing almost all existing charity law in England and Wales.  Kubernesis has announced a half-day rapid review of the Act, on the day it comes into effect.

FEB 2011: The start dates for Charitable Incorporated Organisations in Scotland (SCIOs) has now been confirmed as 1 April 2011.  The implementation regulations are now made.  SCIOs are not just for charities whose work in mainly in Scotland – we believe many new charities with plans to operate UK-wide could find the SCIO is the ideal structure.  The Kubernesis Partnership LLP is fully geared up to support the set up of new SCIOs right away – contact us for details.  Click here for a short article by Gareth Morgan on the implementation of SCIOs.  The start of CIOs in England and Wales is still not finally confirmed, but is likely to be in spring 2012.

NOV 2010: Gareth Morgan was recently interviewed on a special edition of the BBC Radio 4 programme File on Four on the state of the charity sector in the UK following the Government’s spending cuts (programme first broadcast on 9 Nov 2010).

You can listen to the programme here (GM’s contribution is towards the end – if you wish to go directly to his input, fast forward to 35 minutes). File on 4

For other news, see Gareth Morgan’s tweets (linked to his role as Emeritus Professor of Charity Studies at Sheffield Hallam University) – see also his CharityProf Blog.

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