Setting Up a Charity or Non-Profit Organisation

Practical legal advice to individuals, trustees, founders and organisations looking to establish a new charity or not-for-profit organisation.

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Turning an idea for social or charitable impact into a formally established organisation requires careful planning. The decisions made at the outset can influence how the organisation is governed, how it can raise and use funds, the responsibilities of those running it and how easily it can adapt in the future.

DTM Legal provides practical legal advice to individuals, trustees, founders and organisations looking to establish a new charity or not-for-profit organisation. We can help you consider the available structures, define the organisation’s purposes, prepare appropriate governing documents and navigate the legal steps required to establish and register the organisation.

Our Charity & Philanthropy team takes the time to understand what you are seeking to achieve before recommending a particular structure. Whether you are establishing a new Charitable Incorporated Organisation (CIO), charitable company, trust or other not-for-profit structure, we can help you put strong legal and governance foundations in place from the outset.

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Legal Services for Setting Up a Charity or Non-Profit Organisation

Our Charity & Philanthropy solicitors can support you with:

  • Choosing the Appropriate Legal Structure
  • Establishing a Charitable Incorporated Organisation (CIO)
  • Establishing a Charitable Company or Trust
  • Establishing an Unincorporated Association
  • Considering Alternative Not-for-Profit Structures
  • Drafting Governing Documents
  • Defining Charitable Purposes and Objects
  • Charity Commission Registration
  • Trustee and Membership Arrangements
  • Governance and Decision-Making Structures
  • Policies and Operational Frameworks
  • Trading Subsidiaries and Commercial Activities
  • Funding and Grant Arrangements
  • Property, Employment and Commercial Requirements
  • Ongoing Governance and Legal Support

Why Instruct DTM Legal?

The legal structure and governance arrangements chosen when establishing an organisation can have long-term implications. Taking advice at the outset can help avoid the need to address inappropriate or restrictive arrangements as the organisation grows.

Our Charity & Philanthropy practice is led by Alison Brennan, a Partner in DTM Legal’s Corporate and Commercial team. This combination of charity and commercial expertise enables us to consider not only the legal requirements involved in establishing an organisation but also how the proposed structure will work in practice.

We take the time to understand your objectives, intended activities and plans for the future before helping you develop an appropriate legal framework.

Where required, we draw on expertise from across DTM Legal, including our Corporate and Commercial, Employment and HR, Commercial Property and Dispute Resolution teams.

We provide:

  • Clear advice on the available legal structures
  • Support tailored to the organisation you are seeking to establish
  • Assistance drafting governing documents and charitable purposes
  • Support with Charity Commission registration
  • Advice on trustee, membership and governance arrangements
  • Guidance on policies and operational frameworks
  • Access to wider legal expertise as the organisation develops
  • Ongoing support beyond the initial establishment process

Get in Touch

Whether you have an initial idea for a new charitable organisation or are ready to begin the formal establishment and registration process, DTM Legal’s Charity & Philanthropy team can help you put the right legal foundations in place.

We can advise on the available structures, prepare your governing documents, support your Charity Commission application and provide ongoing legal advice as your organisation develops.

Contact Alison and the Charity & Philanthropy team by calling 01244 354 800 or via email at alison.brennan@dtmlegal.com.

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Let’s Discuss Your Case

Considering the following questions before seeking legal advice can help you clarify your objectives and allow your solicitor to recommend an appropriate structure. 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.

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Charity & Philanthropy Team

Alison Brennan, Head of Compliance and Service Delivery Photographed outside DTM Legal in Liverpool
Alison Brennan

Head of Compliance and Service Delivery
Richard Thomas, Head of Business Recovery photographed outside DTM Legal in Liverpool
Richard Thomas

Head of Business Recovery

Frequently Asked Questions

Commonly asked questions when thinking about setting up a charity or non-profit organisation.

There is no single structure that is right for every charity.

The appropriate choice will depend on factors including the organisation’s activities, whether it will employ staff or own property, the financial risks involved and whether it requires a wider membership.

Common structures include CIOs, charitable companies, trusts and unincorporated associations. Taking advice before establishing the organisation can help ensure that the chosen structure is suitable for both its immediate needs and future plans.

Both provide an incorporated structure with a separate legal identity.

A CIO is specifically designed for charities and is registered with the Charity Commission without also registering at Companies House. A charitable company is incorporated at Companies House and, where required, registered with the Charity Commission, meaning it operates within both company and charity regulatory frameworks.

The right option will depend on the organisation’s governance arrangements, activities and longer-term plans.

No. In England and Wales, a CIO must register regardless of its income. Other charities generally need to register where their annual income is at least £5,000, although different rules apply to certain exempt and excepted charities.

An organisation can still be subject to charity law even where it is not required to appear on the register.

The appropriate number will depend on the organisation’s structure and governing document, but the Charity Commission’s general guidance states that a charity will usually need at least three trustees.

It is also important to consider the skills, experience and independence of the proposed trustee board rather than focusing only on numbers.

Yes. It is often helpful to take advice before deciding on a particular structure.

We can discuss what you are seeking to achieve, how you expect the organisation to operate and the activities it intends to undertake. We can then help you consider whether establishing a charity is appropriate or whether another not-for-profit structure or collaborative arrangement may better meet your objectives.

What our Clients Say

See what our customers have to say about their experience

Review Solicitors Stars
5/5 350+Reviews
Anonymous
01/10/2023
The DTM Legal LLP are one of our charity’s most valued legal skill donors. We can rely 100% on DTM Legal’s support. They are always quick to respond and very efficient and thorough in their work. They set out the parameters to which they are able to offer pro bono support and have a personable approach, which puts the charities at ease, during what can be stressful situations.
Dianne Parrish
26/05/2026
Alison and her colleagues at DTM Legal have provided legal support and peace of mind for a wide range of organisations consistently over many years. Expertise, solutions and guidance delivered promptly with clarity.
Anonymous
01/10/2023
Our initial key contact has been such a pleasure to work with, Alison Brennan. Alison always responds to email requests promptly and, wherever possible, will offer to help either directly, if the skills request is within her area of expertise, or she will facilitate support from her colleagues in other departments, within the DTM Legal practice. Our charities are always very happy with Alison, Kate and their respective teams’ support.

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