Benefits/risk Commercial participator? Contract? Brand Trading, tax and VAT.

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Presentation transcript:

Benefits/risk Commercial participator? Contract? Brand Trading, tax and VAT

Benefits/risks/costs Make sure that there’s enough in the deal for your charity to justify the risks and costs Commercial participators What is a ‘commercial participator’? What does it mean if your deal is with a commercial participator?

Contract Application form and T&Cs Letter of agreement Framework contract Payment statement “Approximately 50p will be paid in support of Help the Donkeys for each t-shirt sold. T-shirts Direct has guaranteed to pay at least £2,000 to support the crucial work of Help the Donkeys”

Use of your charity’s brand What can the business use? Where can they use it? What statements need to go with your charity’s trade marks? Protecting your brand – what else should you do?

Trading, tax and VAT What is ‘trading’? Why is it important to identify trading activities? Use your trading company if you’ve got one Do charities have to pay tax on fundraising income?

Fundraising in aid of your charity Fundraising ‘in aid of’ or ‘on behalf of’ your charity? What are the issues with individuals fundraising in aid of your charity? Application form, T&Cs and guidance Pre-designed fundraising materials for fundraisers to use

Things to consider What should be included in fundraising materials? Fundraising materials for a specific project – what do you need to think about? “Should this appeal fail to raise sufficient funds to build the new donkey shelter, or should your generosity mean that we raise more funds than we need for the shelter, we’ll use funds raised towards our other work in caring for donkeys”

Lots of things to consider:- Raffles and tombolas at fundraising events Hiring third party premises Joint working Providing alcohol, food or entertainment Challenge events Film evenings Taking and using photos of people at charity events

Raffles and tombolas Does the raffle or tombola fall within one of the exemptions from requiring a Gambling Commission licence? What if the raffle or tombola doesn’t fall within one of the exemptions? What are the requirements for selling tickets? What sort of prizes can be awarded? What will you do with unclaimed prizes?

Hiring third party premises What obligations is your charity taking on? “The Licensee shall comply with all reasonable requirements of the Licensor in relation to the provision of security, supervision and safety personnel and if the Licensee fails to do so it shall bear all reasonable costs incurred by the Licensee in providing such personnel.” Indemnities Insurance

Joint working What should you think about when running an event with another charity? Get agreement on who does what Who is liable? How will proceeds be shared?

Providing alcohol, food or entertainment What type of licences may your charity need? Premises licence or temporary event notice Food safety

Challenge events Should your charity run challenge events? Should your charity have an agreement with the event provider? How can the cost of taking part be paid for and what are the issues with using sponsorship monies to pay for entry?

What’s in the Charity Lawcube:- Things to consider - Easy-to-follow guidance notes to identify the legal issues and the steps you need to take Checklists - A quick list of some of the issues you need to consider Document packs - Easy-to-use templates focusing on the issues that really matter to your charity, each with explanatory notes – auto filled with your charity’s details

Questions? Contact Lawcube at:- Lawcube - tel: