Presentation from the 2015 Dorset Charities Conference. Event was hosted by Ward Goodman Chartered Accountants and Financial Advisers. Presentation includes the speakers slides.
2. 9:00 - 10:00 Registration and trade stand set up (Tea & Coffee)
10:00 - 10:15 Introduction – Ian Rodd, ‘Ward Goodman’
10:15 - 10:50 Fundraising and trading subsidiaries - Nicola Youern, CEO ‘You’
10:50 - 11:05 Richard Macey – ‘M&G Investments’
11:05 - 11:20 Morning Break (Tea & Coffee)
11:20 - 11:55 Working with the business community at home and abroad –
Claire Bessant - CEO ‘ International Cat Care’
11:55 - 12:30 A View from the Third Sector – Rick Smith, CEO ‘Age Concern Hampshire’
12:30 - 13:30 Break for Lunch
13:30 - 14:00 Gillian Jeffery – ‘Cascade Training’
14:00 - 15:00 Panel of experts question and answer session regarding small businesses and
their collaboration with charities.
15:00 - 15:30 Afternoon Break (Tea, coffee and cakes)
15:30 - 16:30 Compliance Session
Jen Richardson – Head of Charities, ‘Ward Goodman’
Geoff Trobridge – Partner, ‘Lester Aldridge LLP’
Martin Howard – ‘A&T Insurance Group’
16:30 - 17:00 Charity Draw
17:00 - 17:30 Networking Drinks Reception
Dorset Charities Conference Itinerary
5. Trading Companies and Charities:
Challenges and Opportunities
Nicola Youern
Chief Executive, YOU
6. “YOU provides care support and
advice services to help vulnerable
people to have the life they want.
Our clients tell us we give them the
help they need to realise their
dreams of independence, security,
stability, happiness and freedom.”
Who are we?
7.
8. Key Facts
300 staff
Working across Hampshire
Portsmouth and Dorset
Help around 15,000 people
every year
£7 million turnover
30. 24 June 2015 Richard Macey, Director of Charities
Investment Readiness – Ward Goodman Charities Conference
A PRUDENTIAL Company
31. 31
Agenda
• Objective Setting – What is relevant? What is realistic?
• Key Asset Classes – Basic principles and market overview
• Manager Selection – Important questions to ask
• Q&A
Source: M&G, as at 31 December 2014
32. 32
Objective Setting
• What are your investment goals, and what is your
tolerance for volatility, or risk
• What is your need for liquidity
• Do you have liabilities at a fixed point in future,
and/or linked to inflation
• Do you require financial advice
• Ethical / SRI considerations
Main considerations
?
?
?
?
33. 33
Reality by asset class
Real investment returns by asset class (% pa)
Source: Barclays equity Gilt Study 2012
What drives portfolio performance?
Last 2011 10 years 20 years
Equities -7.8 1.2 4.8
Gilts 15.8 3.9 5.9
Corporate bonds 1.6 1.6 N/A
Index - linked 14.4 4.0 5.0
Cash -4.1 0.2 2.1
34. 34
Reality by asset class
Real investment returns by asset class (% pa)
Source: Barclays Equity Gilt Study 2014
Last 2013 10 years 20 years
Equities 17.4 5.0 4.1
Gilts -9.6 2.5 3.5
Corporate bonds -1.0 1.8 N/A
Index - linked -3.9 2.7 3.2
Cash -2.3 -0.5 1.3
Importance of diversification is clear
35. 35
-2%
0%
2%
4%
6%
8%
10%
12%
Realyield*
2000 2015 Neutrality
Valuation signals, 2000 vs today
Source: M&G, Datastream, 31 March 2015. *Real yield is defined as an inverted p/e ratio, using forward consensus data
Cash Govt. Bond Developed equity Emerging equityCredit Property
Sample of assets, showing real yield against an assessment of neutrality
36. 36
Valuation signals are clear
Source: Datastream, 31 December 2014. Equity proxy is S&P 500
Equities, still attractive
-3%
-1%
1%
3%
5%
7%
9%
11%
Equity
10-year
US Treasury
Cash
US prospective real yields
37. 37
80
100
120
140
160
180
200
220
240
260
280
300
320
Rebasedto100
High Yield approach* FTSE All-Share Index
Total returns
UK Equities – different approaches
Source: Morningstar, Inc., 31 December 2014, based in sterling, net income reinvested, price to price, fund performance rebased to 100 at 1 March 1960
and relative to index performance rebased to 100 throughout. *Charifund was launched on 1 March 1960
Not all funds are the same…... Important to look “under the bonnet”
– appreciate what you are buying!!
High yield
rally post
‘tech’ boom
High yield rallies post
early-80s & early-90s
recessions
38. 38
Total returns - £100 invested since 1960*
100
1,000
10,000
100,000
1960 1965 1970 1975 1980 1985 1990 1995 2000 2005 2010
Indexedto100(logscale)
HY approach* FTSE All Share Inflation (RPI) Building society**
Source: Morningstar, Inc., 31 December 2014, based in sterling, net income reinvested, price to price, rebased to 100 at 1 March 1960. *Charifund was
launched on 1 March 1960. **Retail shares and deposits, average rates
Cash has significantly underperformed equities - and
inflation!!
90,310
2,160
34,719
1,553
39. 39
Gilts & Corporate Bonds: Long term performance
Source: M&G, gross income reinvested, price to price. Figures shown since inception (September 1976) to 31 December 2014. *Note; ML £ Non-Gilts Index
data only available since 31 December 1996.
Annual compound growth rates as at 31 December 2014
13.9
3.9
6.8
5.9
7.1
12.4
8.6 8.3
5.9
2.0
2.9
3.5
3.1 2.9
0%
2%
4%
6%
8%
10%
12%
14%
16%
One Year Three years Five Years Ten Years Twenty Years
FTSE Gilts Index £ Inv Grade Corporate Bonds Index Retail Prices Index
Total returns % pa
Total returns % pa
*
40. 40
1.50
2.00
2.50
3.00
3.50
4.00
Dec-13 Feb-14 Apr-14 Jun-14 Aug-14 Oct-14 Dec-14
Actual 1.8%
Source: M&G, Bloomberg, *Concensus Economics Inc. forecast data 9 December 2013. As at 31 December 2014
%
31 December 2014 Gilt Yield forecasts
(range of forecasts, as at 31/12/13) 3.2%
(Average)
3.8%
(High)
2.6%
(Low)
Forecasts:
UK Gilts outperformed significantly during 2014
Market expectations of an interest rate increase failed to materialise
41. 41
Manager Selection
• Do they offer advice, or not
• Is their proposed strategy fit for your purposes
• Can they explain their process in a manner that you
understand
• Do they have a demonstrable performance record and
“sector heritage”
• Are their fees competitive and transparent
• Are they financially secure - with happy staff..!!
Important questions to ask…..
?
?
?
?
42. 42
Summary
• Objective Setting – Be clear in stating your goals and principles; ambiguity is a
recipe for disappointment; Your adviser can help you!
• Risk/Reward – Risk is multi-faceted and dynamic; long term rewards require risk taking
“there is no such thing as a free lunch!”
• Key Asset Classes – Diversification helps to manage volatility – but don’t overdo it!
Long term reserves should have an Equities bias
• Manager Selection – Favour those who can answer your important questions – and
can provide evidence of their capabilities; ask for references…!!
Source: M&G, as at 31 December 2014
43. The value of stockmarket investments will fluctuate, which will cause fund prices to fall as well as rise and you may not get back the original amount
you invested. Not for onward distribution. No other persons should rely on any information contained within.
This Financial Promotion is issued by M&G Securities Limited which has been appointed as the fund manager for Charibond and Charifund. M&G
Securities Limited is registered in England No. 90776. The registered office is Laurence Pountney Hill, London EC4R 0HH. M&G Securities Limited
provides investment products. M&G Securities Limited is authorised and regulated by the Financial Conduct Authority in the UK. Charibond’s charity
registered number is 271815, and Charifund’s charity registered number is 249958.
46. About International Cat Care
• Over the past 56 years International Cat Care
(formerly the Feline Advisory Bureau) and its
veterinary division the International Society of Feline
Medicine, has campaigned for improved care of cats.
• The charity began because of a lack of information
on the care of cats
• To some extent, knowledge
has become our currency
47.
48. Information for cat owners
Website
endorsed by
the World Small
Animal
Veterinary
Association
3 million unique
visitors/year
Over 200
countries
49. Information for cat professionals
• Cat information not
previously available
• Raising the standard
of boarding catteries
• Advice on breeding
50. Welfare work
• Large numbers of unowned
cats worldwide with poor
welfare because of a lack of
knowledge, veterinary
training, and general
understanding
• Population control often
inhumane and solutions are
short term
• In many countries vets do not
know how to neuter cats
51. Welfare
• International Cat Care has
identified the basic principles
that should be considered
when trying to promote the
welfare of the cat.
• The outcome should be
beneficial to the cat
• Sustainable, practical
approach based on best
knowledge
• Seeking long term solutions
52. Veterinary work
• Pioneered feline medicine, advanced
feline health
• Founded the International Society of
Feline Medicine and the Journal of
Feline Medicine and Surgery
56. Cat Friendly Clinics
• Reducing stress for
cats in the vet
clinic
• Encouraging
owners to bring in
cats
• Handling cats
empathetically
57. Cat Friendly Clinic
• A meaningful quality mark for clinics
• Building PR for cat clients
• Increasing footfall
• Bonding clients
• Window sticker
• Waiting room certificate
• Use of logo
• Entry on CFC web site
• Client materials
Better care for cats
65. CSR support for welfare work
Allows companies to use us as ‘heart’!
Companies which embrace CSR (corporate social
responsibility) can weave the valuable assistance
into their own business plans and external
communication strategy
67. Other ways of working together
• Royalty share on books
• Donation on products sold
• Using our materials (eg calendar or membership) to
encourage buy in for their business
• Helping us to get members/take up on programmes
• Helping them to get more/retain clients or customers
(eg, Cat Friendly Clinic)
• Producing an accreditation which benefits them
• Recognising good products
• Large global companies to individual veterinary clinics
68. Why be seen along side a charity?
• Companies have a responsibility to be good corporate
citizens
• Working with a charity can make a positive difference to
communities (esp local)
• There is a fit with the company values/subjects
• If companies are similar, people will think more kindly of
one which supports a charity
• Working in a similar field may increase recognition for
both company and charity
• Charities can bring fresh ideas/cutting edge
reputation/innovation/new ways of exploring old
products/new ways of addressing complex challenges
• Charities can bring credibility and show the company to
be ethical and trustworthy
69. Things charities worry about
• Not being good enough for sponsorship/support
• Lack of mutual trust on mutual goals and objectives
• How to develop long term mutually beneficial
relationships
• Getting lost in corporate speak
• Loss of control/selling out (or being perceived to)
• Reputational damage if company has problems or
brand issues
• Losing supporters because of the perceived activities
of the company
www.gov.uk/charities-working-with-companies-and-professional-fundraisers
70. Working together
Charities and corporations have substantively different
objectives and often both parties fail to be explicit
about them right at the beginning of any collaboration.
71. Making ourselves sponsorable
• Reliable, trustworthy, scientifically
accurate
• Producing/disseminating
information
• Being confident of our quality
• Conferences and courses
• Publishing
• Campaigning
• Expert panels
• Producing and working with KOLs
• Academies
• Keeping it relevant and true
• Driving changes/cutting edge ideas
72. Things we consider
• Choosing the right business
• Our brand values – how charity brand, name and logo
will be used
• Ways of showing our competence and quality
• Maintaining independence
• Keeping control – who owns copyright, events,
programmes etc
• Keeping momentum – roles and responsibilites
• Practicality/economics of doing what partner wants
• Cost of legal advice for contracts
• Showing ROI
73. Business partnerships
• Communicate and build the relationship
• Understand what they need to do
• Understand what they need you to do
• Show what the business will get
• Fulfill your promises
• Understand the wider pressures
• Be a trusted and reliable partner
• Show stability
• Understand the legalities (non-disclosure agreements,
contracts)
• Be open minded
74. Business partnerships
• Communicate (and record)
• Maintain high quality
• Be discrete
• Be aware of business sensibilities
• Be creative
• Be flexible
• Stand your ground if pushed too far
• Be proud of your sponsorship
• Communicate!
79. Grants and local government
contracts
Rick Smith
CEO
Age Concern
Hampshire
80. Grants and local government contracts
Rick Smith – A short History
• A brief career in the Army
– I enjoyed skiing but not the other aspects of the British Army
• A slightly longer career in Telecommunications (Kingston & COLT)
– I mastered the art of Change Management
– I never really saw the impact of the work I did
• A Career in running/owning my own restaurant
• Finally made the giant leap into Charities
– Environmental charities – lost major contracts to a national charity
and a regional CVS
– Children's charities
– Now Older People
• In my spare time I am an appointed Governor for Southern Health FT and
recently retired as chair of a Community Health and Wellbeing centre in
Warwickshire (looking for my new challenge)
81. Trading & Why we should all be doing it
Stating the obvious – What is trading and Why should
we trade
• To raise unrestricted income
Or
• Unrestricted surplus from the services we deliver
82. Charitable Purpose Trading
Pros & Cons of selling what we provide
Pros Cons
What we are great at It may not be appropriate to
Charge
We already have quality
systems in place
Your funders may not want
you to charge
We have a reputation for
delivering that service or
product currently
It may require a change to
your internal systems
83. Charitable Purpose Trading
Pros & Cons of Shops (or any non charitable service or
product)
Pros Cons
You have a great story about
where the surplus will go
Level of risk to invest in a new
business venture
Diversification of Income New Skill sets need to be
acquired
Do you have the appetite to
make a new venture work,
while still delivering your
charitable objectives.
84. A 3rd Option
We at Age Concern Hampshire have started a range of ‘Boutique’ Charity
shops where the profits are reinvested into the organisation but we have
also set targets to deliver services for older people from these shops.
In essence they are fully integrated into our service delivery
– Dementia Days
– Carer Pamper Evenings
– Dementia talks
– Sign posting to our Information and Advice Services
– Sign posting and referrals to our Day Care Services
– A base for our Community Based Volunteers to meet and work from
85. In Summary
We as a Sector need to be confident in getting money
from many different sources.
If the opportunity is there to charge for our services
then do.
If we can diversify (whilst managing the risks) then do
so, the more this can be integrated into your every day
business then perfect.
92. Gift Aid
‘A donation qualifies for Gift Aid if it’s a gift
consisting of ‘a sum of money’ by an individual
who’s paid, or will pay UK tax, to a charity and
satisfies relevant conditions’
93. Gift Aid – qualifying donations
A sum of money (an actual cash transaction) and NOT
• Subject to any repayment conditions
• A waiver of a debt
• A payment for goods or services
• Given under the payroll giving scheme
• Not deductible from income for tax purposes
• A ‘disqualified’ overseas gift
• Charity cards or vouchers
• Membership fees of CASCs
• In excess of donor benefit rules
• Made before registration as a charity or CASC
94. Gift Aid - donors
• Must have paid sufficient UK income or capital gains tax
• Complete a valid gift aid declaration form
Including name, address, name of charity, agreement for gift aid,
declaration of sufficient tax paid.
See HMRC template examples https://www.gov.uk/gift-aid-declarations-
claiming-tax-back-on-donations
• Made aware of personal tax consequences
• No additional benefit for basic rate tax payers
• Oral declarations need to contain the same information as written
declarations
95. Gift Aid – record keeping
• Gift Aid declarations and which gifts they relate to
• Clear audit trail linking the donation to the declarations which cover them
• Copy of agreement to sell donated goods on a donor’s behalf
• Further correspondence with the donor
• For trading subsidiaries, records showing how the proceeds were
transferred to the charity
• Valuation of benefits
Normal sales price if openly sold
Events, cost to charity per attendee
Life membership
Charity auctions – splitting benefits
96. Gift Aid Small Donation Scheme
• Can only apply to cash donations
• Limit is £20 per donation
• Can claim with no gift aid declaration
• Cannot apply to membership fees
• Maximum amount in one year now £8,000 or ten times the amount
claimed through gift aid
• Charity must have made a gift aid declaration in year
• Charity must have claimed gift aid in two of the last four years
• GASDS claim is not allowable if a gift aid penalty has been received in the
last two years
• Connected charities share the limit
99. FOR BUSINESS
Dispute | Resolution
Today’s business world is extremely diverse and full of legal complexities.
International
Professional Negligence
Mediation
Property Litigation
International
Professional Negligence
Mediation
Property Litigation
Law
International
Professional Negligence
Mediation
FOR CHARITIES
Compliance |
The Changing Landscape
The Charity Commission’s 3 year “change programme”
Aim to become a rigorous and proactive regulator
£8,000,000 additional one off funding
Statutory Enquiries 2012 – 2013 – 15
2013 – 2014 – 64
Information gathering powers 2012 – 2013 - 52
2013 – 2014 - 200
Enforcement Powers 2012 – 2013 - 3
2013 – 2014 56 times
Source National Audit Office follow up report published 22 January 2015
June 2015 - 13 additional firms approved to Interim Managers Panel
100. FOR BUSINESS
Dispute | Resolution
Today’s business world is extremely diverse and full of legal complexities.
International
Professional Negligence
Mediation
Property Litigation
International
Professional Negligence
Mediation
Property Litigation
Law
International
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FOR CHARITIES
Objects | Breach of Trust
The Risks
Familiarity
Mission
Chasing the funding
Consequences
Breach of Trust
The Liability for Loss
Difficulties in securing Grant Funding
Insurance?
Advice
Review and amend the objects where necessary
101. FOR BUSINESS
Dispute | Resolution
Today’s business world is extremely diverse and full of legal complexities.
International
Professional Negligence
Mediation
Property Litigation
International
Professional Negligence
Mediation
Property Litigation
Law
International
Professional Negligence
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FOR CHARITIES
Governing Document |
Rules and procedures
Risks
Out of Date
Working practices have evolved that do not comply
Problems in achieving a quorate meeting
Problems in managing a conflict of interest
Consequences
Decisions may be invalid
It may be impossible to take vital decisions quickly
Decisions may be challenged
Advice
Review the governing document to make sure it accords with best practice and
works for your Charity
102. FOR BUSINESS
Dispute | Resolution
Today’s business world is extremely diverse and full of legal complexities.
International
Professional Negligence
Mediation
Property Litigation
International
Professional Negligence
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Property Litigation
Law
International
Professional Negligence
Mediation
FOR CHARITIES
Policies | why?
Key Policies
Investment policy
Reserves policy
Risk policy
Child and vulnerable beneficiary protection policy
Risks
No policies are adopted – poor governance
Policies are not followed
Policies are not communicated to employees and volunteers.
No checks that policies are implemented
Advice
Review and update policies regularly.
Hold training sessions and make a record of them
Use the policies to inform decisions
Check that staff are implementing the policies
103. FOR BUSINESS
Dispute | Resolution
Today’s business world is extremely diverse and full of legal complexities.
International
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Mediation
Property Litigation
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Law
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FOR CHARITIES
Minutes | taken as read?
Risks
Important decisions may be taken informally with no proper record.
There is no evidence of the terms of the decision
There is no evidence of the way in which the Trustees took the decision or the
factors that were taken into account
Advice
Record the decisions taken at all meetings of the Trustees and retain the
records
104. FOR BUSINESS
Dispute | Resolution
Today’s business world is extremely diverse and full of legal complexities.
International
Professional Negligence
Mediation
Property Litigation
International
Professional Negligence
Mediation
Property Litigation
Law
International
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FOR CHARITIES
Members |
the forgotten part of the constitution
Risks
Some decisions in a Company or a CIO must be taken by the membership
and not simply the Trustees .
Confusing the company law members or the members of a CIO with a wider
group of supporters or users of the Charity termed “Members”
Failing to maintain an accurate list of members.
Losing touch with members
Consequences
Invalid decisions
Inability to hold meetings with confidence – often required at critical junctures
Advice
Ensure the governing document is clear about membership
Adopt a clear procedure for admitting new members
Include provisions for the removal of members
Use of a subscription to keep memberships up to date
105. FOR BUSINESS
Dispute | Resolution
Today’s business world is extremely diverse and full of legal complexities.
International
Professional Negligence
Mediation
Property Litigation
International
Professional Negligence
Mediation
Property Litigation
Law
International
Professional Negligence
Mediation
FOR CHARITIES
Conflicts of Interest |
a perennial problem
Risks
Failure to identify a conflict of interest
A financial conflict of interest
A conflict of loyalties
The financial interests of a close relative or business partner
Consequences
Decisions may be invalid
Any unauthorised benefit may have to be repaid.
Advice
Ensure all Trustees understand conflict s of interest.
Identify conflicts at an early stage
Check the governing document and the statutory provisions to see if the
conflict of interest can be managed.
If not, ask the Charity Commission for an Order to authorise the conflict of
interest
106. FOR BUSINESS
Dispute | Resolution
Today’s business world is extremely diverse and full of legal complexities.
International
Professional Negligence
Mediation
Property Litigation
International
Professional Negligence
Mediation
Property Litigation
Law
International
Professional Negligence
Mediation
FOR BUSINESS
Trustees’ Duties |
the foundations of charity
Risks
It can be forgotten that Trustees have general duties as well as those under the
Charities Act
Trustees have an overriding duty to act in the best interests of the Charity
“Self dealing”
Benefiting from the Office of Trusteeship
Advice
Scrutiny of each decision and vigilance!
107. FOR BUSINESS
Dispute | Resolution
Today’s business world is extremely diverse and full of legal complexities.
International
Professional Negligence
Mediation
Property Litigation
International
Professional Negligence
Mediation
Property Litigation
Law
International
Professional Negligence
Mediation
CHARITIES
Disposal of Land | special rules
Part V Charities Act 2011
Risks
Special rules for the disposal of any interest in land
Value is immaterial
Any arrangement under which the Trustees agree to sell or lease land or grant
any option in land is a disposal
Consequences
Contract may be invalid
Liability for loss
Advice
This is a specialist area and professional advice should be taken
108. FOR BUSINESS
Dispute | Resolution
Today’s business world is extremely diverse and full of legal complexities.
International
Professional Negligence
Mediation
Property Litigation
International
Professional Negligence
Mediation
Property Litigation
Law
International
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FOR BUSINESS
Accounts and filing |
keep up to date
Risks
Failure to file accounts
Failure to keep the Charity’s entry on the register up to date
Consequences
Regulatory action by the Charity Commission
Poor impression on potential donors or other funders
109. FOR BUSINESS
Dispute | Resolution
Today’s business world is extremely diverse and full of legal complexities.
International
Professional Negligence
Mediation
Property Litigation
International
Professional Negligence
Mediation
Property Litigation
Law
International
Professional Negligence
Mediation
FOR BUSINESS
Serious Incident Reporting |
duty to report
Requirements
Trustees must report any “serious incident” to the Charity
Serious Incident:
Any significant loss to the Charity
Any theft from the Charity or a vulnerable beneficiary
Any harm to a vulnerable beneficiary
Any circumstance that could cause reputational damage to the Charity
Advice
Trustees must report any criminal activity to the police
Trustees must report certain other incidents to statutory authorities e.g. CQC
A serious incident report must be made to the Charity Commission
110. FOR BUSINESS
Dispute | Resolution
Today’s business world is extremely diverse and full of legal complexities.
International
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FOR BUSINESS
New Charity Commission powers |
The Charities (Protection and Social
Investment) Bill
Issue a warning
Suspension of Trustees for failure to comply with an Order or to remedy a
breach specified in a warning
Conduct in relation to another Charity
Removal of a Trustee who has resigned
Order to direct specific action not to be taken
Power to direct a winding up
Extension of circumstances disqualifying a Trustee
111. FOR BUSINESS
Dispute | Resolution
Today’s business world is extremely diverse and full of legal complexities.
International
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Mediation
Property Litigation
International
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Mediation
Property Litigation
Law
International
Professional Negligence
Mediation
Geoff Trobridge | Partner
Geoff advises on all aspects of charity law
and practice. Geoff was formerly deputy
head of the legal framework function of the
Charity Commission with particular
responsibility for charity registration ,
governance, mergers and re-constructions –
an expertise that he combines with 30 years
experience of company and commercial
work in private practice
01202 786138
geoff.trobridge@LA-law.com