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Charity law update – March 2024

07 March 2024

While the Charity Commission launched its new five year strategy (embedding its ambition to be fair, balanced and independent), the Charities Act 2022 has been brought into force in its (near) entirety. The Charity Commission updated over a dozen guidance documents on matters affected by the new legislations in one day. 

The Commission also issued some much needed guidance on accepting, refusing or returning charitable donations and a Thinktank commented on AI’s ability (or not) to make ethical fundraising decisions. 

Charities from all sectors should take note of the coming into force of the (near) final tranche of the Charities Act 2022, introducing additional flexibility for charities to make changes to their governing documents, simplifying procedures and formalities on a sale of land and provide greater assurance that legacies reach charities even after they have merged with others. 

Delivering your charities’ purposes requires resources, that’s why the Commission highlights that in general donations to charity should be welcomed and accepted. 

The new donations guidance provides greater clarity than before in what circumstances trustees can reject – or even return – donations and what considerations ought to guide the trustees. 

Finally, a report by the international Thinktank Rogare has pointed out that AI lacks the skills to make ethical decisions in the context of charitable fundraising and describes how it could be used under human supervision.

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Nathalie Jacoby-Danesh

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nathalie.jacoby-danesh@brownejacobson.com

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