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Charities Update - May 2022

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By Emma-Jane Dalley, Alistair Robertson and Anne-Marie Gregory

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Published 12 May 2022

Overview

As ever, there has been lots happening in the world of charity law and regulation and, in this edition of our Charities Update, we take a look at the hot topics of anti-corruption compliance, including in the context of sanctions, and the latest on getting the balance right with ethical investments, plus an update on virtual meetings, more on the timetable for changes under the Charities Act 2022 and a look at themes from some recent Charity Commission inquiries.

Virtual meetings - does your charity’s governing document allow them?

The Charity Commission has recently removed the flexibility it applied during the pandemic for charities to hold meetings virtually regardless of what their governing document said about this. Charities can therefore now only hold meetings online, by telephone or on a hybrid basis if their governing document allows them to do so.

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Charities Act 2022 - when will the changes happen?

As reported in our last Charities Update the Charities Bill received Royal Assent on 24 February 2022, becoming the Charities Act 2022 (‘the Act’). This new legislation aims to save time and money for charities by reducing unnecessary bureaucracy. We take a look at the recently published indicative timetable for implementation of the Act’s provisions to see when we can expect the changes to come into effect.

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Ethical investment - latest for charities on striking the right balance

How should charity trustees approach the thorny issue of avoiding investments that conflict with their charity’s purposes whilst at the same time trying to maximise financial returns? This briefing explains what the High Court had to say about this in a recent case.

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How anti-corruption compliant is your charity?

Following the invasion of Ukraine by Russia, compliance focus has been (understandably) dominated by the way in which the UK and other countries have responded through the use of sanctions. This has also shone a spotlight on many other areas of anti-corruption compliance including money laundering, bribery and modern slavery and human trafficking. In this briefing, we focus on anti-corruption compliance and its key role in charity governance.

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Update on Charity Commission inquiries

Over the last three months there have been a number of Charity Commission inquiry reports published. We look at some of the themes emerging from these.

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