charity formation application pack: registration of an established church This application pack is to be used if any of the following statements apply:   

Your church has been in existence for more than 10 years; or Your church owns or rents property (other than a short term rental such as a school or community hall); or Your church has any existing governing documents (trust deed, constitution or church ‘rules’).

If none of these statements apply then this isn’t the right application pack for your needs. Please return to our website and choose the application form entitled Registration of a new church. If any of the following criteria apply to your ministry please contact us prior to completing the application form:   

Has a significant investment portfolio; Has an especially tight timetable in forming a new charity (see below for the ‘charity registration timeline’ for more details of normal time periods involved); Expects to undertake work that is beyond advancing the Christian faith or relieving poverty or hardship. The reason for this is that certain types of charity work raise many more questions from the Charity Commission than others. If you will be undertaking wider activities then there will need to be discussion on what is involved, you will need to define the scope of the planned activity carefully to provide the Commission with information they will require and there may be an additional cost to our service. The most common areas being considered by churches are:  working for community development (including employment generating projects)  advancing education (e.g. schools)

Introduction Stewardship offers a service assisting churches and Christian fellowships in the registration of charities with the Charity Commission. Such bodies have a basic obligation to register with the Commission once the annual income exceeds £5,000 unless specifically excepted under the Charities Acts. Churches within the following denominations are generally excepted from the requirement to register if their income is below £100,000: The Methodist Church, Baptist and Congregational churches, Independent churches affiliated to the Fellowship of Independent Evangelical Churches (FIEC), The Presbyterian Church of Wales, The Church of England, The Church in Wales, The Religious Society of Friends (Quakers), The United Reformed Church. The Charity Commission have significantly altered their requirements for registration and so the initial information required and their questions about that information are more detailed than in the past.

Stewardship, 1 Lamb’s Passage, London EC1Y 8AB t: 020 8502 5600 e: [email protected] w: stewardship.org.uk

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This service is delivered in association with Anthony Collins Solicitors, a specialist firm of solicitors, which has extensive experience of working with churches and Christian charities. Features of our service This service essentially offers the formation of a new charity (trust, CIO or company) using standard model documents and registration with the Charity Commission (and Companies House for companies). 1. Advice on the most appropriate legal charity structure. 2. Preparation of legal documents as required. This will be based on drafts which have been developed and refined over time and which will be acceptable to the Charity Commission. 3. Review of existing charity governing document (e.g. trust deed, constitution etc.) to establish issues arising.* 4. Completion of the detailed Charity Commission application form based on the completion of this questionnaire. 5. Handling of all correspondence with the Commission up to registration. 6. The provision of detailed guidance notes on the legal and financial aspects relating to church/charity trusteeship, and other related Stewardship Briefing papers. *In some instances it may be better to amend existing governing documents (thus keeping the existing legal entity) rather than to create new ones. We will advise on the best course of action having received your application with details of what you want to achieve. If you require detailed adjustments of your existing charity’s documents written in a way specific to your individual church as opposed to replacing it with standard wording which meets the church’s requirements, the Stewardship service is probably not best for you. We would advise that you engage directly with charity specialist solicitors such as Anthony Collins Solicitors for a fully bespoke service, although the cost is likely to be higher. This reflects the fact that it is more time consuming to work with personalised wordings that to use tried and tested models. Standard charges We set a standard charge for each category and this charge applies in the vast majority of cases. We endeavour to work within the standard charge wherever we can. Our current standard charges, inclusive of VAT (currently 20%) are as follows:

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Charitable Trust

£1,020.00 (Stewardship £300.00, Anthony Collins Solicitors £720.00)

CIO

£1,200.00 (Stewardship £300.00, Anthony Collins Solicitors £900.00)

Charitable Company limited by Guarantee

£1,240.00 (Stewardship £300.00, Anthony Collins Solicitors £900.00 plus an additional £40.00 Companies House fee)

All payments are made payable to “Stewardship”; initial payment £300.00 inclusive of VAT. We will request the balance of the charge payable approaching the completion of the work. Extra charges We appreciate, and are sensitive to the fact that extra costs can be difficult to meet. However, in unusual or complicated cases an extra charge may need to be made. Extra charges can arise in the following types of circumstances: 

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  

Where meetings are required. We have assisted in the formation and registration of thousands of charities and it is only the exceptional case that requires meetings to achieve this. In nearly all instances telephone discussions are fully satisfactory. Addressing complex issues arising from the detailed review of an existing charity’s documents. Where there is uncertainty over the trustees of the existing charity. If it is not clear who are the correct legal trustees this will need to be resolved as they will need to ‘sign off’ any changes. Assisting in transferring property (and other assets and liabilities) from one charity to another. This will occur when you create a new charity rather than amend the existing governing documents. If you require this service, Anthony Collins will provide an estimate based on the nature of the assets being transferred. Extensive re-drafting of the proposed governing document where there is a change from what the initial information indicated was required or where there are preferred styles of wording which do not materially affect the legal stance. Unusually complex governance structures (e.g. weighted voting at membership level, unusual appointment of directors/trustees, three tier governance). Handling extensive enquiries raised by the Charity Commission. Advice or amendments to documents after successfully completing the charity formation.

In situations where any extra charge becomes likely, our approach is to discuss it with you to explain the issues, available alternatives and to give an estimate of the likely additional cost. Charges are not made without prior discussion of this nature. Refund Policy

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Should work not reach conclusion because the applicant no longer wishes to proceed, refund of fees may occur but this will be at Stewardship's discretion and will be subject to deduction for costs which have been incurred. Proof of Identification and address As with other legal and financial service providers, Anthony Collins Solicitors will require personal identification and proof of address from two of the proposed trustees. Since the requirements are governed by Law Society guidance they will request this from you themselves. Transferring assets from one charity to new charity The level of formality required in relation to the transfer of assets and liabilities from a charitable trust or unincorporated association to a new CIO, charitable trust or charitable company will depend upon the extent of the assets and liabilities to transfer and the nature of the risks if problems arise. If the assets, liabilities and obligations being transferred are minimal (for example just cash in bank accounts, minimal equipment and one or two supplier contracts) then a simple exchange of correspondence may be sufficient. If the assets and liabilities are more numerous/varied (for example freehold or leasehold property, employees, funding agreements or other significant contracts, extensive equipment and so on) then a formal legal agreement documenting the transfer will be sensible so as to give clarity for the future. As well as the preparation of a formal agreement (where appropriate) the transfer may necessitate other background work, some of which may require you to have legal assistance. 1.

Areas that do not normally need legal help would include:      

2.

new bank accounts will probably need to be opened; investments may need re-registering in the new charity name; suppliers will need to be advised of the change of legal structure; other ‘stakeholders’ (interested community groups or grant funders) also should be advised; new stationery and publicity material will be required; Gift Aid declarations altered for the new charity. For those that have already signed Gift Aid declarations, HM Revenue and Customs have historically accepted that the declarations in favour of the ‘old trust’ still remain valid for the new CIO or company but, for the sake of good order, you may want to arrange for all givers to sign new declarations.

There are areas that some trustees would wish to have legal help on and some that are happy to do this for themselves with their own knowledge; for example: 

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employees transferring to the new CIO or company pursuant to the TUPE Regulations and appropriate processes to be followed; dealing with grant funders over transferring the responsibilities under the grant funding to the new CIO or company; ensuring the registered owners of any properties to be transferred from the old charity are current and correct.

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3.

There are areas that we would strongly recommend having legal help to achieve. These would include: 

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freehold property needing to be re-registered (or even registered for the first time) at HM Land Registry; leasehold property needing to be assigned to the company and the correct process followed to obtain the consent of the landlord where necessary. permanent endowment property; whether this is investments or land and property, needing to be handled correctly. (Most churches and charities do not have ‘permanent endowment’ property, but there are legal limitations over companies holding permanent endowment funds).

This list is not exhaustive and there may be other issues to be addressed depending upon the specific assets and liabilities involved. Cost We understand that the use of professionals can often seem an expensive and unnecessary luxury, especially when compared to the value of what can be achieved in ministry or the cost to a family in giving that amount for the work. It helps if the costs are seen in the context of protecting you against risks that may not be obvious, but sadly which we do see in practice even in Christian charity situations, and also that a transfer such as this only occurs infrequently. There are some situations where we would advise against you trying to ‘do it yourself’ unless you have experts on your team. These would involve any transfers of freehold or leasehold properties where there are important legal formalities that can have crucial implications years into the future. Also, we would strongly recommend legal help when there are people or situations where conflict may arise or obligations may be called into question.  

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Where a formal transfer agreement is desired the cost will depend upon what is required but will normally be in the range of £500.00 - £750.00 plus VAT. Where all or a majority of the trustees of the existing Church are also to be trustees/directors of the new CIO/charitable company then the Charity Commission’s permission is required to transfer the assets and liabilities from the existing charity to the new entity. Anthony Collins Solicitors can make the application to the Charity Commission for £150 plus VAT. Where there are employees being transferred, general non-bespoke guidance can be provided where required). If you want further help from Anthony Collins such as detailed bespoke advice, meetings or drafting of any documents relating to transfer of employment rights do discuss this with them and they will provide an estimate of costs. We would advise that if your staff are members of a defined benefits pension scheme the issues can be very significant and we recommend discussing this with us before going any further. Where there is freehold property to be transferred which is already registered with the Land Registry and held by the current trustees the cost of handling the transfer to the new CIO or company will normally be in the region of £450.00 plus VAT. Where the registered owners

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include trustees that are no longer current or the property is not registered at HM Land Registry then extra steps will be required to correct that. Where there is leasehold property to be transferred the extent of legal help required will depend on the terms of the lease and the extent of co-operation from the landlord. Once the assignment of the lease has been achieved, the cost of helping re-register the lease will normally be in the region of £250.00 plus VAT. This does not include the preparation of Deeds of Assignment or a Lease.

Very occasionally situations which appear ‘standard’ can turn out to have hidden problems (e.g. property where the legal owners are not the ones that are expected, leasehold properties where there are issues over assignment or transfer, or unusual restrictions placed on gifts/grants by those that have funded the charity). The approach we take to these is not to ‘load’ all the cost in case this happens but ask for you to be aware that this can happen, that none of our team wants to profit from your difficulties and that, if any extra charges will be needed to achieve what you need, then they will always be discussed with you in advance. In considering whether or not to proceed with a move to a new charity legal entity, whether with trust or corporate status, if you foresee there may be problems on the legal issues of transferring the assets and obligations, please feel free to complete ‘Transfer of assets and liabilities’ in SECTION C of this pack, reflecting the items to be transferred and then discuss your situation with the team at Anthony Collins (t: 0121 212 7450 e: [email protected]) so that they can discuss briefly any concerns and advise as to the work that may be necessary. In any event, Anthony Collins Solicitors will provide general advice as to how you may deal with the transfer of assets and liabilities at the start of the matter. Keeping the ‘old charity’ One question that needs to be answered is whether to keep the existing charity in a ‘dormant’ state or to wind it up altogether. The starting point would usually be to wind it up altogether and register the new charity as having ‘merged’ with the old one. This has the advantage of leaving only one charity requiring any administration. It is recommended that this is recorded in the Charity Commission register of mergers because if this happens then, generally speaking, any subsequent gifts to the old charity take effect as gifts to the new charity. There is a small cost for lawyers to make the application to register the ‘merger’ with the Charity Commission which is normally around £150 plus VAT or you can deal with this directly using the Commission's online form. The potential problem that arises is if the organisation expects to receive significant legacies. The general view is that Wills which leave a legacy to the unincorporated charity and use wording along the lines of 'provided that it remains in existence at the date of my death' will fail to result in the new charity receiving the legacy since the old charity won't exist when the donor dies and the provisions of the Charities Act 2011 are not thought sufficient to save the gift.

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This problem with the current legal position is widely recognised and it is hoped that changes will be recommended or will be made in due course. However, it remains to be seen if any recommendations made will be accepted and, even if they are, how long further legislation will take. As a result, if a charity expects to receive significant legacies it will probably not wish to take the chance of losing income if Wills are poorly worded and best advice is to retain the old charity as a shell simply to receive such income and then pass it across to the new charity. There is not much administration involved in administering the ‘old charity’ if it is dormant; at least one Trustees' meeting a year and the preparation of an annual return for the Commission is normally all that is required. However, the governing document of the charity may need to be amended to reflect simpler administrative systems.

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Charity Registration Timeline Trust/Company: Firstly: 8 to 10 weeks is the timescale for setting up the legal entity i.e. trust/company Secondly: 8 to 16 weeks is the timescale for registration with Charity Commission .

CIO: For CIO’s 16 to 24 weeks is the timescale for setting up and registering with Charity Commission. Timeline is based on the prospective trustees completing and returning all required information promptly. Every additional enquiry from the Commission adds about four weeks to the time required. Stewardship review of application

Solicitor review of application

Completed application arrives at Stewardship

Application to our solicitor

Client care letter sent by solicitor with ID requirements

Client comments, and returns draft documents

Draft documents sent to client

Client returns documents required by solicitor

Originals sent to Companies House

Original documents sent for approval and signature

Company number received

Originals sent to solicitor

Receive charity Number. NB: CC are expected to take 20 to 30 working days to provide initial response

Application sent to Charity Commission

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charity formation application pack established church registering for the first time Please complete in BLOCK CAPITALS, using BLACK INK. Use the continuation sheet provided if more space is required. The information you provide on this form will be used to draft the Constitution/Declaration of Trust/Articles of Association and the Charity Commission application. Please ensure that this form is fully completed. If it is not, Stewardship will be required to contact you for further details and this may delay charity formation at the Charity Commission/Companies House.

A. Church details When providing your name: please check first with the Charity Commission (www.charitycommission.gov.uk) and Companies House that your preferred name is not already used. They will refuse to register you if your name is the same as or too similar to an existing charity. If in doubt, please contact Stewardship for advice. Full name of church: Any working name you use or wish to use: Correspondent name: Date of Birth:

Title: Mr/Mrs/Miss: Capacity (e.g. trustee):

D D M M Y Y Y Y

Correspondence address (for the purpose of the charity formation - where relevant, church address): Postcode: Does the above refer to an office or home address:

Office

Home

Organisation address (if different from correspondence address. This address will appear on the charity commission public register of charities. PO Box addresses are not acceptable except in special circumstances):

Postcode: Daytime telephone:

Alternative telephone:

Email:

Fax:

Church website*: *Please be aware it is likely the Commission will check your website and other published material as part of their review of your application. Therefore it is important the application is consistent with your website, other published material and genuine intentions on all aspects. The application is likely to be delayed or even potentially refused if your website: a. b. c.

Refers to activities not on the application form. Is completely out of date. Is not clear what the church is doing – possibly because of significant use of Christian jargon, aspirations that aren’t mirrored in actuality and phrases such as ‘networking’, ‘partnerships with local businesses’, ‘community projects’ (but not specified) and similar which could refer to actions which aren’t within charity law.

Date started (this may be approximate):

Approximate number of members:

Location or locations where based or where main activities carried out (please include relevant district/London Borough). This should include the location where your Sunday meeting(s) is held (the commission commonly request this information):

If you will be working overseas, please provide details of the countries where you are, or will be operating in the foreseeable future*: COUNTRY 1. 2. 3. Please confirm that you have completed the additional sheet for ‘charities working internationally’:

Yes M *In this case ‘operating’ does not mean simply making gifts or grants but actual work being undertaken by your church. You will also need to complete Y an additional set of questions to provide the Commission with information they will require, found on our website No at stewardship.org.uk/workingoverseas

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B. Existing governing documents Stewardship will need to view all existing governing documents even if they mainly relate to spiritual matters rather than legal matters. This is to primarily ensure that what is contained in the new governing document doesn’t contradict the existing. Please provide copies of any of the following: Existing Trust Deed or ‘conveyance’ governing use of property Existing Trust Deed governing operation of the church activities Church Constitution’ document ‘Church rules’ document Other documents that have been used in regulating the activity of the church

Enclosed M Enclosed Y M No Enclosed Y M No Enclosed Y M No Enclosed Y M No Y No

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C. Transfer of assets and liabilities Transfer of Assets and Liabilities – please complete this section providing details of any assets and liabilities. We will use this information to make recommendations on how you should proceed with any necessary transfers and advise you of the costs involved. As detailed in the ‘extra charges’ section of the information sheet any further advice or work in relation to transfer of assets and liabilities (including property) is not included in the fixed fee arrangement and will be subject to additional costs.

C(1). Bank accounts Do you have any bank accounts?

Yes M If YES, please provide details including bank, branch, sort code, account number and Y name:

No

C(2). Investments Do you have any investments other than above accounts? If YES, please provide details:

Yes M Y

No

C(3). Contracts Do you have any Contracts?

Yes No M If YES, please provide details, for example hire purchase or grant funding agreements, contracts of employment and any contracts with self employed Y persons:

C(4). Premises Do you have any Premises?

Yes No M If YES, please provide details of all premises in which the charity has an interest. Copies of title deeds, leases, licence, warranties and management Y agreements etc. may be required):

C(5). Loans Do you have any Loans?

Yes No M If YES, please provide details of any significant loans to you or by you and the likely Y position in respect of each of these as at the proposed transfer date. Copies of all documentation including mortgages, loan agreements, overdraft arrangements may be required:

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C(6). Major Equipment Do you have any major equipment?

Yes No M If YES, please provide a list of those significant items of equipment (value of over £5,000) to which specific reference would need to be made in the Y Asset Transfer Agreement):

C(7). Gift Aid and Gift Aid Small Donations Scheme Is Gift Aid being claimed from HMRC?

Yes No M Y Does the church make use of the Gift Aid Small Donations Scheme? Yes No M If ‘Yes’, please note that specific actions must be taken within limited time frames so Y that GASDS claims are not interrupted. Please refer to Stewardship’s Briefing Note ‘Beware! GASDS Banana Skins when Converting from Charitable Trust to CIO’.

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D. Details of trustees Trustees are individuals who hold legal powers and responsibilities to run the church’s affairs, most notably the financial affairs. Selecting trustees of a church is therefore a very important process. It is sensible for the existing church leaders to be the trustees wherever possible. Trustees are not required to hold professional qualifications, but ought to be actively involved in the affairs of the church, and able to give sufficient time to attend regular meetings. Other requirements/restrictions include: restrictions are placed on trustees benefiting financially from the charity (please see Section E of this form); there must be at least three trustees to register a charity; a charity should avoid family members in the majority; the majority of trustees registered to a UK charity must normally reside in the UK (i.e. they must spend at least six months of the year in the UK). Please provide us with the names of the intended trustees (please provide middle names where relevant) This information is required to register the organisation with charity and company regulators and needs to be completed in full. 1. DETAILS OF TRUSTEE Full name : Home address : Postcode : Any previous names : Telephone:

Date of birth : Chair of this charity?

Business occupation:

Yes

No

D D M M Y Y Y Y Trustee of another charity?

Yes

No

Yes

No

Yes

No

Yes

No

Yes

No

Nationality:

2. DETAILS OF TRUSTEE Full name : Home address : Postcode : Any previous names : Telephone:

Date of birth : Chair of this charity?

Business occupation:

Yes

No

D D M M Y Y Y Y Trustee of another charity?

Nationality:

3. DETAILS OF TRUSTEE Full name : Home address : Postcode : Any previous names : Telephone:

Date of birth : Chair of this charity?

Business occupation:

Yes

No

D D M M Y Y Y Y Trustee of another charity?

Nationality:

4. DETAILS OF TRUSTEE Full name : Home address : Postcode : Any previous names : Telephone:

Date of birth : Chair of this charity?

Business occupation:

Yes

No

D D M M Y Y Y Y Trustee of another charity?

Nationality:

5. DETAILS OF TRUSTEE Full name : Home address : Postcode : Any previous names : Telephone: Business occupation:

Date of birth : Chair of this charity?

Yes

No

D D M M Y Y Y Y Trustee of another charity?

Nationality:

If continuation sheet necessary, please tick to confirm you have enclosed with form

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E. Trustee remuneration or other benefits The normal rule for charities dictate that trustees should not receive payment for their services, nor otherwise benefit from the charity (this does not prevent reimbursement for actual expenses incurred on behalf of the charity). The rule exists to avoid potential conflict between trustee’s personal interests and the wider interests of the charity. However, it is possible to include power to pay trustees (with certain limitations, principally that the number of ‘paid trustees’ should be in the minority) to cover some ministry leader positions in organisations. If you think you may need this power in the future, please declare it now. It is harder to request that the Charity Commission allows it by later amendment. Please note: The Charity Commission will not normally register a charity when it wants to pay a majority of its trustees or close relatives of trustees. The restrictions on benefit also extend to the spouse or close relative of a trustee. So if the wife or husband of one of the trustees receives payment for some work done, this is classed as a benefit to the trustee. We would like the power to pay trustees:

Yes* No M *(YES is recommended as it is likely to be difficult to change this with the Charity Commission at a later date) Y Is the requirement likely to be used in the near future: If YES please provide the following information:

Yes M Y

No

NAME OF TRUSTEE(S) RECEIVING SALARY OR OTHER BENEFITS: 1. 2. 3. 4. 5. The nature and amount of the pay/benefits. Please also stipulate how the award of benefit will help the church meet its purpose. (If these items have not yet been determined, please put an indication of the likely bands of income and approach to setting the level of payment that is likely). If the salary or benefits will be less in the start-up phase then increasing, please provide this figure, rather than a projected longer-term estimate:

In addition to your answer above, will any of the following individuals benefit in any way (including occupying any property owned or rented by the charity or renting/selling to the charity any property they own) directly or indirectly from the organisation: (i) trustees; (ii) others involved in managing the organisation; (iii) a relative or business associate of (i) or (ii)? If so, please provide details:

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F. Income, funding and financial arrangements The Charity Commission have set a minimum financial threshold of £5,000 income per annum to register a charity, unless it is a CIO. If you wish to establish a charitable trust or charitable limited company, you will need to provide a copy of a bank statement showing that at least £5,000 is deposited or copies of your annual accounts showing evidence of gross annual income. For organisations that are unable to provide any of the above, a letter of pledge signed by a supporter(s) used to be satisfactory, but the only other indication of income that is now acceptable is a formal offer of funding from a recognised funding body. (See Section I of this form: ‘What you need to include with this application’).

F(1). Financial Year Every charity needs to work to a financial year and the trustees can decide for themselves when this should run to. Common year ends are the 31st December, 31st March, 30th June, but it is entirely up to you which would suit you best. If you are forming a company, Companies House will set your year end, one year from registration. You can change this if you wish after registration. What is, or will be your financial year end: MONTH

DATE (e.g. December 31)

F(2). Income Total income for last full year: £

F(3). Funding and fundraising How have you raised funds to date:

How do you intend to raise funds in the future:

Do you intend to make use of a professional fundraiser?

Yes No M If YES, please note that you will need a written agreement with the fundraiser which Y meets minimum standard requirements. The Charity Commission may request to see this document.

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G. Charitable purpose and acitivities G(1). Church meetings The Charity Commission need to know what the church will practically be doing, who these activities are intended to impact and whether there are any significant charges to people involved. Whilst it may be thought that what churches do is obvious this now needs to be explicitly detailed as part of the Charity Commission application process. We will include an object to advance the Christian faith and to enable the Church to carry out any other charitable purpose which is connected with the work of the Church. This will include the relief of need, hardship and sickness; the advancement of Christian education; the provision of community facilities, so long as they are all regarded as being connected with the main work of the Church. Most churches have a combination of meetings intended to reach out to the wider community; Christians and non-Christians (normally main Sunday meetings), and then those that are intended to be primarily for the spiritual development of the members of the church (e.g. small midweek meetings), plus some prayer meetings. All of these will normally involve some combination of worship, Christian teaching/evangelism and prayer with the Sunday meetings also possibly involving children’s work/Sunday school. They will be without any charge (although there may well be a freewill offering or collection during the meeting) and the Sunday meetings will be open to any member of the public who wants to attend. The smaller midweek meetings may be open to all or may be for those in or connected with the church who are invited. There will normally also be some evangelistic meetings for non-Christians. The questions below on the meetings are intended to obtain details of those and (very importantly) if there are important differences from that norm (e.g. the Sunday meetings are not open to the general public or there are charges made to attend). They will all be local to where the church is based. The second section is to detail the activities which are less common to all churches. There may well be youth groups open only to church members but may also be open to the wider community. There may well be some ‘community focussed’ activities such as work with the elderly, a ‘foodbank’ or ‘healing on the streets’. There will be giving to support mission/church development work and relief of the poor. There may well be overseas mission trips. If the nature of a particular activity is not obvious from its title please give an explanation of what the activity involves. If one of the church’s main activities is formal, organised grant-making, please contact us. Please use a continuation section if necessary and/or attach additional information to this application form: MEETING TYPE

HOW OFTEN?

Main services of public worship

Weekly Y Monthly No Other

Small midweek groups – please provide details of these groups:

Weekly Y Monthly No Other

Prayer meetings

Weekly Y Monthly No Other

Evangelistic meetings – please provide details of these meetings:

Weekly Y Monthly No Other

OPEN TO ALL All? Yes Y No No Invitation Yes Y No No

Invitation Yes Y No No All? Yes Y No No

CHARGE TO ENTER? Yes Y No No Yes Y No No

Yes Y No No Yes Y No No

If any of these meetings are restricted as to who can attend or have a charge to attend please give details of the restrictions and charges:

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G(2). Other activities The second section is to detail the activities which are less common to all churches. There may well be youth groups open only to church members but may also be open to the wider community. There may well be some ‘community focussed’ activities such as work with the elderly, a ‘foodbank’ or ‘healing on the streets’. There will be giving to support mission/church development work and relief of the poor. There may well be overseas mission trips. The Commission now require charities to explain how the trustees decide who to help and what criteria is used. For most churches they will support causes known personally to the trustees or to members of the church all of which are within the church’s charitable purposes and we will put this in the application to the Commission, but if your situation is different from that, please explain how the trustees do make those decisions. If the nature of a particular activity and exactly who benefits is not obvious please give detailed explanation of what the activity involves, who will benefit and what charges apply (if any). Please do not include activities which are only ‘aspirations’ as to what you might do but are not planned for the foreseeable future.

Example: the church supports mission work in India by giving, runs a local youth group for its own community, runs a toddler group and runs a ‘food bank’. ACTIVITY & AIM(S)

Gifts to Indian missions to advance the Christian faith amongst those in the Andra Pradesh region.

IMPACTING WHOM?

Local missionaries so that they can be effective in their evangelistic activities which will include distributing Bibles, preaching the gospel etc.

WHERE DONE?

India

ANY CHARGE MADE TO THE BENEFICIARY OF THE SERVICE)? If YES, THE PRIMARY REASON TO CHARGE IS:

Yes M Y

x

No (other than nominal fees to cover costs)

ACTIVITY & AIM(S)

Youth groups (weekly) including Christian teaching and activities.

IMPACTING WHOM?

Local young people

WHERE DONE?

Leicester

ANY CHARGE MADE TO THE BENEFICIARY OF THE SERVICE (Other than to cover costs)? If YES, THE PRIMARY REASON TO CHARGE IS:

Yes M Y

x

No (other than nominal fees to cover costs)

ACTIVITY & AIM(S)

Toddler group: the aim is to provide lost cost help, friendship and access to church evangelistic material for local parents run by church trained volunteers with children’s parents/guardians always present.

IMPACTING WHOM?

Local parents who need help and friendship. There are no limitations on who can use the service subject to normal risk assessment issues.

WHERE DONE?

Leicester

ANY CHARGE MADE TO THE BENEFICIARY OF THE SERVICE (Other than to cover costs)? If YES, THE PRIMARY REASON TO CHARGE IS:

Yes M Y

x

No (other than nominal fees to cover costs)

ACTIVITY & AIM(S)

Food bank: undertaken in line with general Trussell Trust guidelines, with trained volunteer manager and Trustee risk assessments.

IMPACTING WHOM?

Local people who are poor or in hardship who have been referred to the Food Bank by local social services, medical centres and other health or government agencies.

WHERE DONE?

Leicester

ANY CHARGE MADE TO THE BENEFICIARY OF THE SERVICE (Other than to cover costs)? If YES, THE PRIMARY REASON TO CHARGE IS:

Yes M Y

x

No (other than nominal fees to cover costs)

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Please complete: ACTIVITY IMPACTING WHOM? WHERE DONE? ANY CHARGE MADE TO THE BENEFICIARY OF THE SERVICE (Other than to cover costs)? If YES, THE PRIMARY REASON TO CHARGE IS:

Yes M Y

No (other than nominal fees to cover costs)

Yes M Y

No (other than nominal fees to cover costs)

Yes M Y

No (other than nominal fees to cover costs)

Yes M Y

No (other than nominal fees to cover costs)

ACTIVITY IMPACTING WHOM? WHERE DONE? ANY CHARGE MADE TO THE BENEFICIARY OF THE SERVICE (Other than to cover costs)? If YES, THE PRIMARY REASON TO CHARGE IS: ACTIVITY IMPACTING WHOM? WHERE DONE? ANY CHARGE MADE TO THE BENEFICIARY OF THE SERVICE (Other than to cover costs)? If YES, THE PRIMARY REASON TO CHARGE IS: ACTIVITY IMPACTING WHOM? WHERE DONE? ANY CHARGE MADE TO THE BENEFICIARY OF THE SERVICE (Other than to cover costs)? If YES, THE PRIMARY REASON TO CHARGE IS:

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H. General matters H(1). Statement of Faith Many churches wish to include a Statement of Faith in the governing document and require trustees to adhere to this. There are exemptions in the Equality Act 2010 which are designed to prevent religious charities from being asked to compromise their understanding of the doctrine of their faith (for example, in respect of Christian belief or the sanctity of heterosexual marriage). Also, in some circumstances a doctrinal statement can be helpful in establishing the charity’s position where, for example, requests may be made for use of a church property from groups which promote other beliefs or lifestyles. We often include the Evangelical Alliance Statement of Faith (www.eauk.org/connect/about-us/basis-of-faith.cfm) but your own preferred statement could be used. Do you wish to include a Statement of Faith?

Yes M Yes Y M Y

If YES, will the EA Statement be acceptable?

No If NO:

No

Preferred statement enclosed*

Do you wish your Statement of Faith to include a statement on the sanctity of heterosexual marriage?

Yes No M Y *Please ensure that you provide Stewardship with the preferred statement in an editable format (e.g. Microsoft Word document).

H(1)a. ‘Leader led churches’ Do you wish to include a clause stating that the spiritual direction of the church is to be set by its spiritual leaders and that the trustees are responsible for the outworking of that direction?

Yes M Y

Please tick the appropriate box:

No

The trustees will have the power to appoint and remove trustees (NB: Spiritual leaders can be trustees); or The spiritual leadership, and not the trustees, will have the power to appoint and remove trustees

H(2). Legal Structure We normally establish churches as CIOs. There is the option of a charitable Trust which is simpler but, as a general rule, trustees of CIOs and charitable companies have the benefit of limited liability e.g. they are better protected against potential claims from others, e.g. for injuries, breach of contract, or unfair dismissal. A charitable trust is not appropriate where the church has a formal membership structure with voting rights. Whatever the structure, trustees can be held personally liable for acting outside their powers or without reasonable care, causing a loss to the charity. The structure of a charitable company limited by guarantee may be appropriate for larger, more complex churches but will need to comply with company law as well as charity law. If you would like more information on the differences, some further notes are available on our website. Please tick the appropriate box: Trust under a Trust Deed Charitable Company limited by guarantee (Please now complete section H3 of this form)* Charitable Incorporated Organisation (CIO)* (Please now complete section H3 of this form)* *CIOs and charitable companies have charity trustees/directors (the trustees) and members. The trustees have responsibility for the day to day running of the charity. The members have overall responsibility for the charity (e.g. the members have the power to dissolve the charity and the power to amend the charity’s governing document). We normally make the charity trustees/directors and the members the same people for simplicity. If you think you may prefer another structure, please discuss with us.

H(3). CIO or Charitable Company required Please select option for tenure of office of trustee/directors: Indefinite (i.e. until resignation or removal) All retiring and offering for re-election every

year(s) (please specify frequency)

Retiring by rotation (one third retiring each year over a three year cycle) Should the chairman have a casting vote? Is there a need for an organisation(s) to be a member of the company or CIO? (This will be relevant If the company/CIO is to have a membership which is wider than just the trustees and it is envisaged that the wider membership might include organisations as well as individuals).

Yes M Yes Y M Y

No No

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H(4). Property Use How does the church occupy its building: A.

Lease

B.

Licence

C.

Hiring agreement

D.

Informal use of community hall

E.

Private house

F.

Other (please specify):

Yes No M Yes No Y M Yes No Y M Yes No Y M If YES, please provide details of the owner: Y Yes No M If YES, please provide details of the arrangement in box below. Y

If there is no formal agreement in place between the owner of the building and the church, the Charity Commission may raise a question in this regard. If there is a formal agreement in place please provide a copy. If YES to E above: Is the homeowner a trustee of the church or closely related to a trustee?

Yes No M Is access to the property available to members of the public? Yes No Y M If YES, please explain the means by which the public will know that there is a meeting which they can attend: Y

Is any charge payable by the church to the homeowner for the use of their home? If YES, please provide details:

Yes M Y

No

H(5). Detriment/harm and Safeguarding Policies Our solicitors will assume that the trustees do not consider any harm or detriment will arise from the activities of the charity and that the charity has sufficient policies in place which deal with safeguarding children and vulnerable people (if relevant), risk assessment, and suitable training for volunteers and employees where risks are higher. However, should the trustees consider harm or detriment may arise to members of the public as a result of the charity’s purposes, please explain in a separate covering letter what the risk/detriment is and how the trustees will protect the general public from that risk or detriment. Please confirm that the trustees do not consider harm or detriment will arise from the activities of the charity:

Yes M Y If you work with children and under 18s and/or vulnerable adults, the Charity Commission will require (i) that you have a suitable Safeguarding Policy and (ii) that every trustee has a DBS (standard) disclosure certificate dated within three years from the date of application. It is best practice for employees and volunteers to also have a DBS check. Do you work with children? Do you work with vulnerable adults? (Those with physical, learning or sensory disabilities, dementia or mental health problems.) If YES: Do you have a policy?

Yes M Yes Y M Y

No No

Yes No M If YES, please enclose a copy with this questionnaire. Y

If you do not already have a policy you will need to start the process of putting one in place. If you need assistance, we recommend that you use the services of the Churches’ Child Protection Advisory Service (w: www.ccpas.co.uk; e: [email protected]; t: 0845 1204 550). Do you make Disclosure and Barring Service checks for: Trustees Employees Volunteers

Yes M Yes Y M Yes Y M Y

No No No

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I. What you need to include with this application Please tick the box in each applicable case to indicate items you are enclosing: Copy of any existing governing documents. (Existing Trust Deed, Constitution etc. See Section B of this form). A list of regular meetings and activities Copies of any promotional literature and list of activities Copy of any preferred Statement of Faith. (Please also email in an editable format a copy to [email protected] and mark it

‘charity formation’).

Copy of your Safeguarding Policy (If you do not currently have a written policy you will need to set one up before we can register with the

Charity Commission).

Cheque for initial application fee made payable to ‘Stewardship’ for £300.00 (£250.00 + VAT). A receipted invoice will be sent to you. The

second part of the fee will be payable before the end of the process along with any extra costs agreed with Anthony Collins Solicitors.

Bank account details. (The Charity Commission requires your bank account details. If you do not currently have a bank account you will need

to set one up before we can register with the Charity Commission. If you experience difficulties in this regard please explain to our solicitors as soon as possible in the registration process). If applying for a charitable trust or charitable limited company (but not a CIO) please also tick if you are enclosing: Copy annual statements of account for up to last (please circle):

3 years

2 years

1 year

(Or if not available please provide other information as indicated in Section F of this form). Bank statement showing £5,000.00 or more. Anthony Collins Solicitors will request identification and proof of address from you. Unfortunately they will be unable to progress the matter until received.

J. Confirmation and declaration Depending on the responses given in this application form, we or the solicitors may need to request further information from you. It is important that you provide complete, relevant and accurate information in this form as far as possible. I hereby declare that the information given in this form is true to the best of my knowledge and I submit this application on behalf of the church/organisation named above: My signature:

Date:

Printed name:

Capacity:

Address: Postcode: Daytime telephone:

Email:

How did you hear about Stewardship’s services?

K. Data protection 1. We will share some of the details you provide to us with trusted external agencies, but will only do so where necessary and for the purpose of the creation and formation of your charity. 2. We will not share your details with anyone else unless legally obliged to do so. 3. From time to time, we may contact you about other relevant Stewardship services that we think may be of interest to you. Please tick here if you do not wish to receive these communications 4. Anthony Collins Solicitors will request identification information from you. Please expect this.

Once complete, please return to: Stewardship, 1 Lamb’s Passage, London EC1Y 8AB. For further information or assistance, please contact us on 020 8502 8567 or email [email protected].

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L. Continuation sheet Continued from:

Detail:

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