Choose a charity structure

Trustees will need to choose the appropriate charitable structure. To set up a new charity, this must be determined in advance, and the structure will be defined by the charity’s governing instrument, which is the document which sets out what the charity is, and how it will be run.

You will need to consider who will run the charity, what powers it needs, and whether the trustees will be personally liable. This means that you might wish to have an unincorporated charity, an incorporated charity (a company), a company which is limited by guarantee (which limits liability of trustees), or a charitable trust. To determine which is right for you, you may wish to take legal advice. Please note that the Charities Administration Team, nor legal officers in the Attorney General’s Chambers are able to give legal advice in relation to the set up, structure or management of your charity.