Charity Law And Governance

Adopting a critical multijurisdictional approach to charity law, this thought-provoking book provides a comprehensive analysis of the challenges facing charitable organisations. Exploring the contrasting approaches to charity governance and regulation in both common law and civil law jurisdictions, the book imparts practical guidance for a vast array of stakeholders in the charity law field.

An evaluation of intergenerational justice in charity law.

Governance issues are increasingly important for charities and their funders. Charities are expected to play an enhanced role in the provisions of services whilst at the same time they are answerable to a greater number of stakeholders. There has been much serious and earnest debate in the charity sector about governance. This is the first book to consider how the law interacts with charity governance and to look to the future role of the law.The book is a collection of thought-provoking essays that provided the basis of a series of four inter-disciplinary seminars on charity law and governance. Each seminar considered a particular aspect of governance with a paper on the law, a paper on the experience and practice of charities and a paper from a different but relevant area or discipline.

This book is a clear and practical guide to the legal and regulatory framework within which charities operate and its impact on their governance in the UK. Written by lawyers who specialize in advising charities, and drawing on the guidance provided by the UK's Charity Commission and HM Revenue & Customs as well as the relevant law, the book is aimed at the trustees and senior employees of charities and the lawyers, accountants, investment managers, and other professionals who advise them. Charity Governance deals comprehensively with charitable companies, charitable trusts, charitable incorporated organizations, and other charitable bodies, and with the legislative changes made by the UK's Charities Act 2006, the Companies Act 2006, and the Finance Act 2006. Written by a leading charity law firm, this guide will provide a practical account of the law and regulation applying to charities and how best to comply through good governance.

Is charity law a 'private law' or a 'public law' subject? This book maps charity law's relationship to the public law-private law divide, arguing that charity law is best understood as a hybrid (public-private) legal tradition that is constantly seeking to maintain an equilibrium between the protection of the autonomy of property-owning individuals to direct and control their wealth, and the furtherance of competing public visions of the good. Of interest to scholars and charity lawyers alike, The Public-Private Nature of Charity Law applies its unique lens both to traditional topics such as the public benefit rule and charity law's rules of standing, and to more contemporary issues such as the co-optation of charitable resources by threatened welfare states and the emergence of social enterprise. 'This book should be read by all who are interested in the respective domains of public and private law. Kathryn Chan brings new light to the divide and reveals the way in which both public and private law inform charity law. The book is subtle, original and rigorous, with an excellent grasp of primary and secondary material.' - Paul Craig, Professor of English Law at the University of Oxford and a Fellow of St John's College 'An original and thought-provoking book which takes the somewhat unruly law of charities and, with great insight and clarity, helps it to find its place on the legal map.' - Mary Synge, Associate Professor in Law at the University of Exeter 'Kathryn Chan's impressive monograph breaks new ground in its analytical approach towards charity in the modern world. Her careful study helps us to understand how charitable enterprises partake of the values and concerns of both public and private law, and to evaluate the strength and weaknesses of different approaches to the governance of charitable enterprises.' - Lionel Smith, Sir William C Macdonald Professor of Law, McGill University