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The Charities (Amendment) Act 2024 Has Been Enacted

Jul 11, 2024 | lexology.com | Alice Murphy |Niamh Callaghan |Claire Colfer

Enactment of the Charities (Amendment) Act 2024 (2024 Act) is the culmination of a lengthy period of pre-legislative scrutiny, followed by six months passing through the Oireachtas. Every stage has involved input and feedback from across the sector. This included a joint submission and appearance before the Oireachtas committee by Charity lawyers from our team, from The Wheel and from Charities Institute Ireland.
Update on the Charities (Amendment) Bill 2023

Jun 12, 2024 | lexology.com | Claire Colfer |Niamh Callaghan |Alice Murphy

The first substantive consideration of the Bill was conducted by the Select Committee on Social Protection, Community and Rural Development and the Islands on 22 May 2024. Prior to that date, we provided legal support to The Wheel and Charities Institute Ireland on a joint submission with observations on the initially published Bill. At the Select Committee hearing, a series of amendments to the Bill were proposed by Minister Joe O’Brien.
Ireland's Charity and Not-for-Profit Sector in 2024

Feb 21, 2024 | lexology.com | Niamh Callaghan

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Key Changes Proposed by Charities (Amendment) Bill 2023

Feb 21, 2024 | lexology.com | Niamh Callaghan |Alice Murphy

Click here to watch the videoThe publication of the much anticipated Charities (Amendment) Bill 2023 follows a lengthy period of pre-legislative scrutiny. The scrutiny involved input and feedback from a variety of organisations working in the charity sector, including a joint submission and appearance before the Oireachtas committee by MHC, The Wheel and Charities Institute Ireland.
A Look Behind the Increase in Charity Mergers

Feb 21, 2024 | lexology.com | Niamh Callaghan |Alice Murphy

We are seeing a noticeable increase in the number of charities either merging, considering the possibility of merging, or beginning to discuss collaborative working arrangements with a view to a possible merger in the future. This is generally a positive development for the charity sector as a successful merger can result in a better outcome for all stakeholders and particularly for service users/beneficiaries.
How a Cy-Près Application Could Help With a Tricky Fund

Feb 21, 2023 | lexology.com | Emma Lawrence |Niamh Callaghan

Click here to wathc the video. Charity law contains a useful mechanism to change the terms of funds, such as trusts or legacies, that cannot be carried out in the way that they were originally intended. This change can be made by submitting a cy-près application to the Charities Regulator. Historically, these submissions were made where the purpose specified in a will or trust was “impossible” to fulfil.
Ethical Investments - What Charity Trustees Need to Know

Feb 21, 2023 | lexology.com | Naomi Clarke |Niamh Callaghan

Charity trustees are often required to make appropriate decisions about investment of their charity’s money. The Charities Regulator’s Guidance for Trustees notes that, in fulfilling this general duty, all charity trustees must exercise due skill and care when investing charitable assets and must always act in the best interests of the charity. However, what happens when the best investment opportunities don’t align with the charitable purpose?
Latest Law Reform Commission Public Consultation Relevant to Certain Charities and Not-for-Profit Organisations

Feb 21, 2023 | lexology.com | Niamh Callaghan |Claire Colfer

The Law Reform Commission (LRC) recently published a consultation paper entitled “Liability of clubs, societies and unincorporated associations”. Submissions are being sought from the public on the LRC’s proposed law reform objectives and their proposed solutions to some of the legal challenges posed by unincorporated associations (UA).