Restructuring and Reorganising Charities and Non-Profit Organisations
Strengthen governance, reduce unnecessary administration, manage risk and create a more effective structure for delivering your objectives.
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Charities and not-for-profit organisations need to evolve. Growth, financial pressures, changes in funding, new opportunities and shifts in the needs of beneficiaries can all prompt trustees and leadership teams to reconsider whether their existing structure remains fit for purpose.
Restructuring can help an organisation strengthen governance, reduce unnecessary administration, manage risk and create a more effective structure for delivering its objectives. For some organisations, this may involve relatively straightforward internal changes. For others, it could mean establishing a new legal entity, reorganising a charitable group, transferring activities or merging with another organisation.
DTM Legal provides practical legal advice to charities and not-for-profit organisations considering structural and organisational change. We work with trustees, senior leadership teams and other stakeholders to understand what the organisation is seeking to achieve and develop an appropriate route forward.
Our Charity & Philanthropy team can support you from the initial planning stage through to implementation, helping you understand the legal, governance and operational implications of the proposed changes.
Restructuring and Reorganisation Services for Charities
Our Charity & Philanthropy solicitors advise charities and not-for-profit organisations on:
- Charity Mergers
- Collaborative Working and Strategic Partnerships
- Changes to Legal Structure
- Charitable Incorporated Organisation Conversions
- Group Restructuring
- Trading Subsidiaries
- Transfers of Activities, Assets and Liabilities
- Governing Document and Constitutional Changes
- Governance Reorganisations
- Charity Closures and Dissolutions
- Organisational Separation and De-mergers
- Succession and Long-Term Structural Planning
- Due Diligence
- Regulatory and Charity Commission Requirements
- Implementation of Restructuring Projects
Why Instruct DTM Legal?
Charity restructuring can involve a combination of charity law, corporate law, property, employment, contractual and regulatory considerations.
Our Charity & Philanthropy practice is led by Alison Brennan, a Partner in DTM Legal’s Corporate and Commercial team. Her experience across both charity and commercial law enables us to consider the wider legal and operational implications of a proposed restructure.
We work with trustees and leadership teams from the earliest planning stages, helping organisations understand the available options before committing to a particular structure.
Where a restructure affects other areas of the organisation, we work collaboratively with specialists across DTM Legal, including our Corporate and Commercial, Employment and HR, Commercial Property and Dispute Resolution teams.
We provide:
- Clear and practical advice on restructuring options
- Support tailored to charities and not-for-profit organisations
- Assistance with mergers and collaborative arrangements
- Advice on changes of legal structure
- Support with transfers of assets, activities and liabilities
- Governance and constitutional advice
- Coordination of the wider legal aspects of a restructure
- Support from initial planning through to implementation
Get in Touch
Whether your organisation is considering a merger, changing its legal structure, reorganising a charitable group or exploring how to work more closely with another organisation, DTM Legal’s Charity & Philanthropy team can provide practical support throughout the process.
We can help you explore the available options, understand the legal and regulatory implications and implement a structure that supports your organisation’s future objectives.
Contact Alison and the Charity & Philanthropy team by calling 01244 354 800 or via email at alison.brennan@dtmlegal.com.
Request a Consultation
Considering the following issues at an early stage can help your legal advisers understand what the organisation is seeking to achieve and identify the most appropriate route forward. Read our Key Considerations guide to understand some of the points a solicitor may wish to discuss when responding to your enquiry. It can help you prepare the relevant information and make your initial conversation more productive.
Charity & Philanthropy Team
Frequently Asked Questions
Commonly asked questions by charities considering a restructure, merger or reorganisation.
- When should a charity consider restructuring?
- Can two charities merge?
- Can a charity change its legal structure?
- Do we need Charity Commission approval to restructure?
- What happens to a charity’s employees during a merger or restructure?
A restructure may be worth considering where an organisation’s existing structure no longer supports how it operates or where significant change creates an opportunity to work differently.
Common reasons include organisational growth, financial pressures, duplicated administration, changes to funding, difficulties with governance or plans to merge or collaborate with another organisation.
The appropriate solution will depend on what the trustees are seeking to achieve, and restructuring does not necessarily mean a full merger.
Yes. Charities can merge in a number of ways. One organisation may transfer its activities and assets to another, or the parties may establish a new charity into which their operations are combined.
Trustees should consider whether a merger is in their charity’s interests, whether the organisations’ purposes are compatible and how assets, liabilities, employees and ongoing commitments will be dealt with.
Yes. Charities can often move from one legal structure to another where trustees conclude that a different structure would better meet the organisation’s needs.
The process may involve setting up a new legal entity, transferring the charity’s assets and activities and then closing the original organisation. The steps required will depend on the structures involved and the terms of the governing document.
Not every restructure requires Charity Commission approval, but approval or notification may be required for particular changes or transactions.
The requirements depend on factors including the charity’s legal structure, governing document, the proposed changes and the assets involved. It is therefore important to identify regulatory requirements before implementing the restructure.
The position will depend on how the restructuring is carried out.
Where activities or a business operation transfer from one organisation to another, employment law requirements, including the potential application of TUPE, should be considered. Even where TUPE does not apply, restructuring may create consultation, contractual or redundancy issues.
Early employment advice, which DTM Legal can provide, helps organisations identify their obligations and incorporate the necessary steps into the wider restructuring timetable.
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