Unincorporated charities in the housing sector – navigating the challenges - Devonshires

Unincorporated charities, often in the form of almshouses, play a unique role in the housing sector but are frequently misunderstood. This session is to explore the legal status, regulatory framework, and the responsibilities of existing or prospective corporate trustees in respect of these types of charities.

We’ll examine the implications of acting as a corporate trustee and any limitations in respect of being paid for services, using the assets, amending the constitution or merging with other entities.

Topics Covered

1. Unincorporated charities in housing – understanding their function, origin and legal status, in addition to their role within wider group structures
2. Understanding the role of a corporate trustee  – duties, liabilities and governance implications within a wider group structure
3. Almshouses and permanent endowment – the historical background, current regulatory framework and specific compliance points for managing these types of assets
4. Amending governing documents – when and how to amend the charity’s constitutional document, the limitations and required approvals
5. The dual role of managing agent and corporate trustee – how these roles overlap and key considerations/limitations
6. Operation in a wider group structure – avoiding conflicts of interest and ensuring compliance with the Charity Commission’s guidance on group charities.

Date & Time

Speaker

Ellen Damlica, Senior Associate, Banking, Governance and Corporate

Ellen is a Senior Associate in our Banking, Governance and Corporate team. She primarily advises housing associations on a wide range of corporate and governance matters within both the housing and wider third sector. These matters vary from inception and registration of registered providers of social housing to advice on collaborative working.