So … for all you Squadron CivComs out there being unnecessarily hassled for your Form 60s and generally have Mr Todd’s ACP-11 thrust at you …
http://beta.charitycommission.gov.uk/charity-details/?regid=262255&subid=0
Poor show!
But I thought we had a Charity Commission which was in place to ensure compliance.
I presume that means Form 60/1 is been late as the one appears to derive from the other.
Oh dear! quelle domage
Perhaps of more interest
I assume the Sqn’s listed have chosen to register with the Commission rather than persist under exempted status.
I know for some it is symantics … but Excepted and Exempted are two different categories - the former relating to squadron committees who are charities ‘excepted’ from an annual return.
It is interesting thaqt among the list are some Regions and Wings who have more recently re-constituted, presumably in response to the cessation of Excepted status in 2009. Any new squadron would not automatically be Excepted and would have to register.
I suspect other Wings and Regions will be on their way top following but then there is a lot of historic rubbish to sort out … such as the fact that on Mr Todd’s Regional charity sits Group Captain Eddie Cole who in that role should not be an officer or trustee!
Can I please explain one thing. Exempted status is where a charity is subject to a statutory order and is accountable to a Government minister, which sort of means it is not directly regulated by the Charity Commission, whereas Excepted Charity means one that is subject to an exception order issued by the Charity Commission (under powers of the High Court) BUT it is regulated by the Charity Commission.
It is the EXCEPTED category into which the majority of ACO charities fell, with the exception of the GPF which is now a CIO, a totally different animal.
There is also a legal aspect to consider - unincorporated association or Charitable Incorporated Organisation which have distinctly different liabilities placed upon the Trustees. NOT the beneficiaries.
It is not a case of persisting under exempt status as excepted status is no different to registered status part from the need to file annual returns with the Charity Commission which puts information into the public domain and maintains the shift towards openness and transparency. Regional funds have been registered since the 1970’s.
The choice of registration is dictated by the Law, where income exceeds a specified figure, otherwise it is a Trustee decision, and the Charities Act 2011 actually withdrew Excepted status after 31/1/2009 other than for religious charities.
Excepted status actually only exists in England & Wales as elsewhere all Charities are required to be registered, and if not registered, you cannot purport to be a charity which means no fundraising capability.
A point about transparency, it means the public can see how you spend the money which has to be in accordance with the stated aims and objectives.
In two of the cases in your ,listing, two had reached the compulsory registration, but it is interesting to mention that one has followed the example Rumpole disclosed.
I hope you can see the job of the Civcom is a highly responsible legal commitment, required by Law and not simply something the HQAC thinks might be a good idea to have at their beck and call.
And let us not forget, the Trustees are there to safeguard the interests of the beneficiaries - that is their purpose in life defined by the Trustees Act 1925.