Charity Law
Holmes Mackillop has extensive experience advising charities, community bodies and third sector organisations throughout Scotland.
What we do
Holmes Mackillop has extensive experience advising charities, community bodies and third sector organisations throughout Scotland. We understand the legal, regulatory and practical challenges faced by charities and not-for-profit organisations. We also understand that every charity has a different purpose and goal, so we tailor our advice accordingly. Our advice is clear, pragmatic and aligned with the values and objectives of each charity we work with.
Services
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We have significant experience advising community bodies and charities on Community Asset Transfers under the Community Empowerment (Scotland) Act 2015 and other transfer frameworks.
We provide support to our clients in relation to:
Asset transfer requests and negotiations
Determining the optimum legal structure for community ownership
Drafting title, leasing and contractual documentation
Ongoing governance and compliance issues
We support our clients throughout the transfer process, from initial strategy to completion, helping secure assets that deliver long‑term community benefit.
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Effective governance underpins the success and sustainability of every charity. We advise trustees, boards and senior management on their legal duties and responsibilities, helping them make informed and confident decisions. We can provide advice in relation to:
Trustee duties, decision making and conflicts of interest
Board structures, policies and governance reviews
Charity law compliance and good governance practice
Risk management and regulatory engagement
We work closely with our clients to support robust governance while recognising the operational realities within the sector.
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Charities are increasingly recognising the need to adapt, collaborate or restructure. We provide strategic legal advice on mergers, reorganisations and changes to charitable organisations.
Our experience includes:Charity mergers and collaborative arrangements
Restructuring charitable and group structures
Transfers of undertakings, assets and liabilities
Managing regulatory and governance requirements in relation to restructuring
We can help organisations achieve change in a way which protects their purpose and legacy.
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We support our clients in forming new charities and not for profit entities. Our services include:
Advising on the most suitable charitable/not for profit structure, including SCIOs, Trusts, Companies Limited by guarantee and CICs
Drafting governing documents tailored to your organisation’s aims
Where appropriate, obtaining charitable status for organisations already incorporated
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We build lasting relationships with the charitable trusts we support. Our work includes:
Interpretation and application of trust deeds
Advice on restricted funds and endowments
Trustee powers and duties
Variations and reorganisation of trusts
Preparing trustee reports and annual accounts
We provide practical guidance to ensure trusts are administered in accordance with legal requirements.
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We provide clear, practical advice to help you understand your contractual rights in terms of existing contracts, and prepare and negotiate new contracts which support your organisation’s purpose and goals.
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Philanthropy is one of the most meaningful ways to make a lasting difference. If you want to establish a charity to ensure your estate benefits future generations and society, thoughtful legal planning is essential. We can provide you with the right advice to ensure your legacy continues.
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Being subject to an investigation by the Office of the Scottish Charity Regulator (OSCR) can feel daunting. Whether the issue relates to governance, financial management, safeguarding, trustee conduct or compliance with charity law, the consequences can be significant for your organisation’s reputation and operations, as well as your own.
Our charity lawyers provide clear, strategic advice to help you navigate OSCR investigations with confidence. We work closely with charity trustees to provide advice and to protect the charity’s interests.
Contact
Cara Vallance
Associate, Ayr
+44 (0)1292 264 091
cvallance@homack.co.uk
Ralph Riddiough
Director, Glasgow
+44 (0)141 226 4942
rriddiough@homack.co.uk
Not sure who to contact?
For more information or to enquire about the services we can provide, contact us by phone or email.
+44 (0)141 226 4942
Send us an email