Interpreting Change Charity and Not-for-Profit Newsletter | Summer/Autumn 2017
Should I Change my Charity’s Legal Structure?
Outsourcing for Charities: A Blessing or a Curse?
Reinventing Financial Management for Charities
Charities have to adapt and advance quickly to changes within the sector. Would a structural change benefit your organisation?
Outsourcing is still a new area for many not-for-profits. Yet in order to capitalise on the benefits of contracting, charities must be aware of what it entails.
What exactly should charity trustees do to ensure that they are protected and have practical financial processes in place?
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Contents
PP
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Welcome and Partners
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Special Feature Should I Change my Charity’s Legal Structure?
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Top Ten Tips: Charity Marketing
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Raffingers Foundation Charity Ball 2017
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Receipt Bank For Charities
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Employee Spotlight
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Outsourcing for Charities: A Blessing or a Curse?
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What Data can I use, Share or Keep?
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Are Charities Meeting Their Public Benefit Requirements?
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The 2017 Good Governance Code and What is to Come
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Growth of the Social Investment Tax Relief
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Top Charity Risks to be Aware Of
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Partners Perspective Reinventing Financial Management for Charities
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Welcome to our CHARITY & NOT-FOR-PROFIT Newsletter Welcome to the summer/autumn edition of our charity and not-for-profit newsletter. This edition, we are pleased to bring you all of the latest news and insights from the sector. The last six months have been shaky for the charity and not-for-profit sector as we see pressing matters highlighted in the media. Implementing effective processes and managing finances appropriately are ongoing topics, as talks on poor practices are still being propagated by the media. In this edition, our special feature entitled Should I Change My Charity’s Legal Structure? looks at how government structures can affect the running of an organisation; this article can be found on page 4. We also discuss, Outsourcing for Charities: A Blessing or a Curse? on page 10 and our Partners Perspective covers efficient processes in Reinventing Financial Management for Charities on page 14. Additionally, protecting your organisation and your donors’ best interest is another matter that is trending within the sector. Charities and not-for-profits need to be more aware and conscious of protecting information, which is why we look at charity risks on page 12 and protecting data on page 11. As always, we hope you find this edition of our newsletter useful, and if you would like to be featured in our next edition or have any suggestions for topics that you would like to see discussed, please get in touch. The Partners at Raffingers
Raffingers Partners Gary Inglis Managing Partner gary.inglis@raffingers.co.uk
Andrew Coney Partner andrew.coney@raffingers.co.uk
Lee Manning Partner lee.manning@raffingers.co.uk
Adam Moody Partner adam.moody@raffingers.co.uk
Suda Ratnam Partner suda.ratnam@raffingers.co.uk
Barry Soraff Partner barry.soraff@raffingers.co.uk
Paul Dell Partner paul.dell@raffingers.co.uk Roy Butcher Partner roy.butcher@raffingers.co.uk
Charity Ball 2017 - Page 6
Should I Change my Charity’s Legal Structure? SPECIAL FEATURE
Charities have to adapt and advance quickly to changes within the sector. Many will consider changing their current governance and legal structures as a way to better improve the practises and allow flexibility within the scope of their governing document. But should charities be considering a structural change to benefit the organisation? Improving public trust and revolutionising the charity sector is at the top of the government’s agenda, and charity trustees and executives are now taking proactive steps to ensure that they are operating at an adequate standard. A recent report by New Philanthropy Capital, “Charities Taking Charge: Transforming to face the changing world” expressed that 69% of charity executives had discussed changing their governance structure whilst 36% had made the change. More and more charities are reviewing their legal model as a response to the changing demands of the sector.
Why change my model? Some charities have been around for many years and a restructure can facilitate growth and allow them to better meet their current aims, objectives and strategies. Most organisations will change their legal structure as their current model restricts them from undergoing certain activities. Depending on an organisations’ structure, changing your model can allow you to:
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• Deliver services and offerings under charity contracts (unincorporated charities cannot enter into contracts) • Reduce financial risk: Incorporated charities are able to provide more protection for trustees who act in the best interests of the organisation • Register property: Depending on the structure, charities will be able to register a property under the charity as opposed to their name
But how is this done? Upon forming the charity, the legal structure would have been defined in the organisation’s governing document. This will ultimately decide how a charity is run, operated and the flexibility it has. There are four main legal structures a charity can opt for: • Unincorporated Association: An unincorporated association is based on a membership model. It can be whatever its members want it to be, and carry out whatever activity you choose. It is the easiest, quickest and cheapest way for a charity to be set up. • Charity Incorporated Organisations (CIO): CIOs are a legal entity that can enter into contracts, buy or lease property, and employ people. The trustees/ and board also benefit from limited liability. • Association CIO’s: suitable for groups that have a wider membership who have voting rights.
Top Ten Tips: Charity Marketing
Create a One Year Plan A marketing plan allows you to track your progress and ensure you meet your goals, whilst making sure you do exactly what you need to and when. • Foundation CIO’s: run solely by its trustees and doesn’t have voting members. • Charity Company: A charitable company works in the same way as a limited company but has charitable aims. It is an incorporated organisation like the above which means that it has a legal identity separate from its members and trustees have limited liability. • Trusts: A charity trust is run by a small group of trustees who manage money or assets for a charitable purpose
How to change? Changing the structure of your charity can be a complex and extensive task especially for charities that have ‘permanent endowment’ - where money and/ or property are meant to stay in possession of that charity forever. This is because changing your legal structure means setting up a new charity where assets and liabilities are transferred over too. It is advised that you seek professional financial advice to review how this may impact your organisation financially. For Further information, contact: Gary Inglis 020 8418 2770 gary.inglis@raffingers.co.uk
Become a Social Media Guru Always stay active on social media. Platforms such as Facebook and Twitter can expose you to millions of online active users and potential donors. Know your Audience Ensure that you are targeting the right audience with the right message. This will increase your chances of getting people to actually donate to your charity. Database Management Always keep donor information up to date and relevant, so you can better target your marketing campaigns and avoid mix ups and irate donors. Raise Your Profile Ensure you build a relationship with advertisers as they can promote your charity through many outlets, exposing you to thousands of donors. Do Not Spam! Not only do spam messages irritate and create a bad impression of your charity, it can completely dilute the message that you are trying to send. Familiarise Yourself with Your Competitors Your competitors will have access to donors you have not captured. Evaluate their marketing techniques and see how this ties in with your own strategy. Tests and Trials If the latest trend for charities is viral videos, try it yourself! Not everything will work for you, but as long as you monitor it you may just yield results. Tell a Story Charitable work often involves working closely with a diverse group of people, so use this to your advantage by asking for case studies or testimonials that they do not mind you sharing. Images are Everything Use images that stand out and work well with the aims and objectives of your charity. High resolution pictures, which are home-hitting always work well.
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Registered Charity Number: 1171885
Charity Ball 2017 Saturday 16 September | 6:30pm-12am | Black Tie Waltham Abbey Marriott, EN9 3LX Tickets: £75pp or table of 10 for £700 Sponsorship Options: Charity Ball Brochure
£75 half page advertisement £100 full page advertisement - 9 LEFT £150 back page advertisement - SOLD £125 inside front cover advertisement - SOLD £125 inside back cover advertisement - SOLD
Raffle/ Auction
We are in need of Raffle and auction prizes. Anyone who donates a prize will be mentioned in our Charity Ball brochure given out to all 200 Raised so far attendees.
To sponsor our Charity Ball or to book your tickets contact lauren.aston@raffingers.co.uk.
Raising Funds For:
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Receipt Bank For Charities Receipt Bank is the perfect app for helping charities and not-for-profit organisations to save time. For charities, Receipt Bank is the perfect bookkeeping tool that will ensure you save both time and money. What is great about the software is it integrates seamlessly with Xero, allowing you to publish receipts and invoices directly into Xero, removing the need for data entry and allowing you to produce instant expense reports. The key feature of Receipt Bank is its simplicity, allowing you to easily process receipts and invoices. You can take a picture using the Receipt Bank mobile app, send an email to your unique Receipt Bank email address or link it straight up to your PayPal account; never will you have to worry about losing a receipt again. You can also use Receipt Bank to better manage your employee and fundraising team expenses.
If you would like to find out more, contact Amy Townsend at amy.townsend@raffingers.co.uk.
three days voluntary, they offered me a full time paid position. This gave me confidence, as I thought I must have some kind of talent, and I started my ACCA qualification.
Employee Spotlight In this slot we introduce you to a valued member of our team, allowing you to put a face to a name. This quarter we speak to our Cloud Management Accountant, Imran Shahzad. Name: Imran Shahzad Email: imran.shahzad@raffingers.co.uk Career: I was working in retail when one day me and my friend were discussing where we both see ourselves in 10 years’ time. This discussion got me thinking and shortly after I took on a voluntary position at a local accountancy firm. After only working there for
After working at the practice for a few years, to further my experience I moved to Raffingers in 2016 as a Cloud Management Accountant where I am helping clients with their reporting and showing them how they can access more from their finances. I still have four ACCA professional exams to complete which I am hoping to achieve by March 2018. Interests: I have a soft spot for Chelsea and enjoy watching cricket. I also like to keep myself active and regularly hit the gym. I also love Shoreditch and often you will find me eating out there. I would love to travel more and am hoping to visit Australia at the end of 2017. Partners Report: Imran has been a pleasure to work with since he started and has delivered a huge amount of support to our clients using Xero. He is our management accountant guru and has got to grips with our new forecasting tool, which is helping our clients manage their finances in a systematic way.
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Outsourcing for Charities: A Blessing or a Curse?
Outsourcing is still a new, yet growing, area for many not-for-profits. Many organisations are beginning to explore innovative ways of being cost efficient and time effective, which is why outsourcing works favourably for many. Yet in order to capitalise on the benefits of contracting, charities must be aware of what it entails. Outsourcing is the process of using external suppliers to complete tasks. By contracting certain work to suppliers it can often work out cheaper than completing that work in-house. For growing charities, it can be a great way to lower costs and reinvest funds into other departments or areas. Many not-for-profits not only outsource as it saves money, but it can also: • Promote better utilisation of internal staff: By contracting tasks out, charities are able to free up the time of internal staff and allow them to focus on work that better meets the aims and objectives of the organisation. • Increase targeted efforts: Appointing an outsourcing company gives organisations the ability to take on and complete projects aimed at fulfilling its purpose that would not be possible if completed in-house. It also exposes organisations to more opportunities and activity as they can often benefit from the knowledge and contacts of the outsourced supplier. • Reduce and share risks: Managing and reducing risk is imperative to an organisation’s survival. Outsourcing tasks allows threats to be reduced as part of the risk is mitigated and controlled by the company. • Access to quick, skilled and quality specialists: By contracting out work, charities are able to improve the performance of the organisation as they have access to skills that they would normally not have access to on a day-to-day basis. This also means that work is done to a better quality and standard, and completed quickly.
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Outsourcing charity finances It is becoming more common for not-for-profits to contract out their finance function as a way to improve confidence in their organisation. The sector has seen a backlash on the lack of transparency and truthfulness, particularly when it comes to submitting annual audits and accounts. With charity pressures growing, finance directors are turning to outsourcing as a way to improve the quality and reliability of their accounts. Commonly, organisations will contract out: • • • • • •
Bookkeeping Management accounts Payroll Charity Commission reporting Grant reporting Board reports
When should outsourcing not be considered? The role of a charity is to meet the public benefit and charitable purposes stated in the organisation’s governing document. Where this is not being met, contracting work out should not be considered. Furthermore, functions that contribute to the individuality of the charity, such as customer service and fundraising should ideally be kept in-house. This is because it involves staff being personable and these roles need people that have a significant understanding of the charitable aims. Charities should be aware that outsourcing, if not managed correctly, can cause a loss of control. As a result, an effective outsourcing management procedure should always be introduced.
Paul Dell 020 8418 2688 paul.dell@raffingers.co.uk
What Data can I use, Share or Keep? For several years, the Information Commissioners Office (ICO) has been on the tail of all businesses, organisations and individuals, to ensure that they protect all sensitive customer data. Now with information rights at the top of the government’s agenda, what are the rules for charities who retain information? The Data Protection Act is the main piece of legislation which governs the way personal information is used by organisations, businesses and individuals. The act safeguards two main forms of ‘personal data’: • Information processed, or intended to be processed, wholly or partly by automatic means (e.g. on a computer); and • Information processed not by automatic means which form part of, or are intended to form part of, a ‘relevant filing system’ (i.e. manual information in a filing system). The ICO emphasise heavily the importance of client data and being that organisations come into contact with sensitive information sent in by individuals every day, understanding the act is essential.
What Data Can I Use? Many have the misconception that because information may have been given to a party, that they have the right to use it. The government has released a code of practice which organisations should keep in mind when dealing with data: • All data is fairly and lawfully processed • You have a legitimate reason for processing the data and have obtained the data for one or more specified purposes • You do not hold more personal information than you need for your purpose • Data is accurate and kept up-to-date
• You do not keep the data for longer than necessary • You ensure that the rights of the individual whose data has been collected is respected and abided by • Data is kept securely and protected from loss, destruction and damage • You do not share data outside of the EEA unless that country ensures an adequate level of protection Therefore, when collecting information about your donors, it is important to specify: • What their personal information is being used for • What marketing and mailing lists they are being subscribed to • Whether their information will be shared with third parties
What Data Can I Keep? You do not have to make the party aware that you will be keeping the data, however you will need to make them aware of the use of the data. If, however, the data has a time stamp, it is important that you do not use the data after this time or you make the individual aware of the use of it.
Sanctions The crackdown of misuse of data is on the rise. The ICO have the power to sanction businesses who fail to comply with legislation. Regulatory action can include; criminal prosecution, civil monetary penalties, noncriminal enforcement and, in some circumstances, an audit.
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Are Charities Meeting Their Public Benefit Requirements? Over the past few months, I have been paying particularly close attention to charities and their attitudes to accounting and reporting. With updates to guidance’s and increased support to the sector, it was disappointing to see yet another press release from the Commission on the number of organisations still failing to properly comply and meet the needs of the public.
So what has gone wrong? On 21 April 2017, two accounts monitoring reviews were released by the Charity Commission; “Telling your story well: Public Benefit Reporting for Charities” and “Do Charity Annual Report and Accounts Meet the Reader’s Needs”, both of which outline key issues pertaining to the charity sector. Charities have an obligation to fulfil their public benefit, which includes outlining what the organisation aims to achieve and its reasons for set up. However, a sample
Charities have an obligation to fulfil their public benefit, which includes outlining what the organisation aims to achieve and its reasons for set up.
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of 107 charity annual reports showed that only 46% (1% higher than last year) had managed to effectively communicate a clear understanding of the public benefit reporting requirement. Furthermore, only 58% had actually included a public benefit statement. The reason why many of the annual reports failed was because: • They included a public benefit statement but lacked information on how or the activities the public benefit from him • The benefit was included in the audit but a public benefit statement was missing • It failed to include either a reason for why they are meeting the need or a public benefit statement In addition, the accounts monitoring review also expressed concerns for charities who failed to meet the basic user needs of the public. Although 75% (2% less than last year) of accounts were created to a satisfactory standard, 25% of accounts lacked consistency or transparency. The Commission reported problems with: • Lack of consistency • Imbalance or incomplete accounts • Failure to conduct a thorough audit or proper independent examination • Annual report did not include the objectives and activities of the charity
• Independent scrutiny report was missing Not meeting your public benefit requirements or failing to disclose your activities is not only against the law and a breach of the terms in your governing document, but it also makes it harder to gain the public’s trust – an issue that the sector has been battling with over the past few years. Therefore, submitting your accounts on time and to an above satisfactory standard should always be a priority. It is important that your charity is aware of the current audit thresholds: • Income under £10,000: you do not need to file a set of accounts or an annual return; however, you will need to provide the Charity Commission with proof of your annual income and expenditure. The easiest way that this can be done is via an annual return form. • Income between £10,001 and £25,000: if your charity meets this criterion, you will need to file an annual return. • Income over £25,001: you will need to submit an annual return and a set of annual accounts An Independent Examiners Report, Audit Report and a Trustee’s Annual Report must also be submitted alongside the accounts and return. It is important to also include a public benefit statement in order to ensure that you are meeting the audit requirements.
Andrew Coney 020 8418 2710 andrew.coney@raffingers.co.uk
The 2017 Good Governance Code and what is to come The Good Governance Code was established to help charities to improve their governance both internally and externally, whilst acting as a benchmark for trustees and senior staff to set a standard against. The current code outlines six key principles which trustees should be paying particular attention to, including: • Understanding the role • Ensuring the delivery of organisational purpose • Working effectively as an individual or as part of a team • Exercising effective control • Behaving with integrity • Being open and accountable Since last being updated in 2010, the founding group of the code agreed that a revision of the current principles was necessary, which will change in line with the demands of the sector. The proposal suggested that all charity trustees and senior management should be: • Using the code as a ‘continuous improvement’ tool as opposed to an ‘aid’ as and when it may be needed • Using the code to promote a culture of prudence, yet also use it to take responsible risks • Involved in operating ethically and responsibly, and ensure a widespread consensus is made across the organisation • Regularly reviewing how relevant the charity is for the public and consider partnerships The code will also look into charities introducing or having higher standards when looking at: • The best practice inherited internally • The Chair of the charity promoting continuous emphasis on the importance of good governance • Board diversity and regular reports on how this is achieved • Transparency via a public register of trustees interests • Recommendations for charities to use their annual report to apply the code and what they have done different since using the fundamentals of the code. The Good Governance Code is set to be released in July 2017.
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Growth of the Social Investment Tax Relief
The Social Investment Tax Relief is a government incentive aimed at supporting the growth of social investments through alternative sources of funding. Yet, since April 2017, the relief has been made more attractive for investors and social enterprises.
What is Social Investment Tax Relief (SITR)? In April 2014, the government introduced a tax relief to give investors a break when financing a social enterprise. The aim of the relief is to give organisations a platform on which they can easily expand by increasing their access to external funding and support. This should help enterprises better compete and survive. Individual enterprises were only able to receive a maximum of £250,000 over a period of three years. Individual investors, however, can invest up to £1million into more than one social enterprise. It is important to note that this is separate from any Seed Enterprise Investment Scheme (SEIS) or Enterprise Investment Scheme (EIS) the investor may be involved in.
Who Qualifies? In order for a charity to qualify for an investment, several conditions must be satisfied. The charity must: • Have a defined and regulated social purpose – e.g. be registered as a charity, community interest company or community benefit society • Have fewer than 500 employees • Have total gross assets valued at less than £15million The government intend for the SITR to provide substantial cost benefits to the investor. Individuals will be able to deduct up to 30% of the value of the investment away from their income tax liability. This
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however, can only be made in the same tax year that the investment was made in or previous year (up to 2014/15 tax year). However, investments must be made for a period of three years in order to qualify for the relief. Furthermore, where an individual may have chargeable capital gains, they can defer their Capital Gains Tax (CGT) liability if they do invest into a social investment. This will only then be payable when the social enterprise is sold or redeemed. Additionally, there is no CGT payable on any social investments, however, income tax is payable on any dividends or interest on the investment. Since April 2017, several changes have been implemented in the hope of making SITR more attractive to investors. This includes: • The amount individuals can invest will increase to £1.5million, up from £1million, for a period of three years • Social enterprises must only have a maximum of 250 employees. This will decrease from the initial 500. • All social enterprises will need to raise their first investment within seven years of making their first commercial sale • All investments made will only benefit from the tax break if they are made under the SITR
Adam Moody 020 8418 2683 adam.moody@raffingers.co.uk
Top Charity Risks to be Aware Of Charities and not-for-profits are seen to be the most sensitive when it comes to threats and risks. Here are our five top tips to keep your organisation protected:
Damaging Reputation Any mention of a charity’s wrongdoings can cause serious damage to its reputation. Accusations of foul play by a charity boss or stolen funds by C-level executives can wreak havoc on the trust of the charity. Ultimately, this could lead to breakdown in public confidence and trust in the sector. Therefore, it is essential that accounts are kept up–to-date and good governance is demonstrated at all times.
Charity Loans Loan funding is often sought by charities as it can often be easier to access than grants. Even though it may feel like you have a lot of money to work with, in reality, this all has to be paid back with interest, and may require assets to be offered as security. Before you take out any large loans, always seek advice from your accountant who will be able to assess whether you can afford to take this risk and guide you on the most appropriate funding for your organisation.
Fraud Fraud is a huge risk, particularly for small charities that operate with high levels of cash income and have no risk management procedures in place. It is important to remember that fraud can happen both internally and externally for any size charity and will result in damaging the charity’s reputation, affect public confidence and cause financial loss. As a result, it is important to have processes and protocols in place which protect the charity, the employees and the public.
Broken Contracts Having a contract between two parties means that each party has accepted and agreed to a set of terms and conditions. If either of the parties fail to follow the contract, then the other party is covered by the terms on the contract and by contract law. However, in some cases, the terms of the contract do not reflect the best interests of the charity, which can have very expensive and troublesome repercussions for the organisation. Always get a professional to read the terms of any contract or agreement your charity enters into.
Loss of Data Data security has been heavily discussed in the charity and not-for-profit sector. Larger charities hold a greater volume of sensitive information than smaller charities, but have more sophisticated controls. Human error, lost or misplaced information can put significant amounts of confidential information at risk. C-level charity executives should know what type of confidential information is kept, who has access to it and how it is stored. The best way to protect sensitive information is by using encrypted passwords, keeping backups in case of damages or loses and installing ‘remote-wiping’ software on charity owned devices.
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Partner’s Perspective
Reinventing Financial Management for Charities
Within the last three months, major emphasis on managing finances and funds has swarmed the sector. But what exactly should charity trustees do to ensure that they are protected and have practical financial processes in place? On 16 March 2017, the Charity Commission released news of the updates to their guidance, “Charity Finances: Trustee Essentials (CC25)”. The update came as a drive to push trustees to better manage their financial duties and responsibilities. As a result, the guide has been made more readable and accessible for trustees and senior management. The updated guidance will cover “most common areas of managing charity resources, including internal financial controls, charity reserves and staff and volunteers, signposting further reading”. But for charities and not-for profits, what constitutes as an effective financial management process? Financial Management Processes Having a financial management process in place is a priority for all charities, particularly those larger charities that file accounts, submit annual returns and regularly hold fundraisers. Having a process in place should make your organisation more: • Accountable: Both the charity sector and the public are advocates for transparency in charity accounts and finances. Effective processes can
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Adopting effective financial processes can help to retain and restore the public’s confidence in the charity sector. help to retain the public’s confidence in the charity sector. Consequently, failure to have financial best practice in place can lead to substantial problems for the organisation, such as fraud and misconduct. • Compliant: Depending on a charity’s audit threshold, it is mandatory to submit a set of accounts. Often, the Charity Commission will request further information to be submitted in the trustees’ annual report. Your financial management process and any practices that your organisation has encouraged to protect funds will also need to be submitted. Failure to file the correct documentation is a criminal offence and repeat offences can lead to charities being faced with a statutory inquiry by the Commission.
Financial Controls Your organisation should have a set of processes in place in order to ensure funds are protected and the aims and objectives of the charity are being met. Although this does not need to be an extensive guide, there are a several methodologies and software that charities and not-for-profits can implement to stay on top of responsibility: • Be aware of high risk areas: Your charity should pay particular attention to high risk departments, such as payroll and areas, such as fundraising, as charities tend to be more sensitive and susceptible to crimes. Having an effective charity specific risk management process in place should help this. • Protection: Protecting your charity’s resources and assets comes as a priority for all trustees on the board. Therefore, you should introduce policies and processes that employees should be aware of as a form of good practice. • Internal control systems: Introducing an internal control system will help employees recognise their personal responsibility and minimise human error. This way it is easier to recognise and manage problems before they grow and become uncontrollable.
• Carry out appropriate checks: Whether you are receiving a grant from a funder or allowing your organisations building to be used for hire, carrying out careful checks is a must. This will protect you from any misconduct and allow you to identify problems quickly before they manifest. It is important for this to always be documented for reference purposes. • Technology: Accounting and bookkeeping software such as Xero can help to simplify record keeping, accounting and transaction processes. For charities, it is particularly important as it provides an extra layer of protection to funds and significantly decreases the chances of fraud occurring. Furthermore, having access to independent professional financial advice to guide you on bookkeeping and accounts can ensure that you are operating effectively.
Suda Ratnam 020 8418 2681 suda.ratnam@raffingers.co.uk
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