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Check that charities are all administered by same body of trustees and that that body is proposed as the trustee of the pool charity – see section 3.1 of OG 49 A1. (Section 3.4 of OG 49 A1 explains the consequences of failing to do this – that is, the danger of inadvertently setting up a hybrid pool charity.)
If the trustees are not the same, could the charities take advantage of the provisions of the Universities and Colleges (Trusts) Act 1943 - see section 7 of OG 49 A1. |
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Consider rationalisation by amalgamating Scheme, or use of small charities provisions, as an alternative, or as a preliminary step, to a pooling Scheme (see section 2 of OG 49 B1). |
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Confirm that trustees are clear why they would prefer to pool under the authority of a pooling scheme rather than under the general statutory powers given by the Trustee Act 2000– see section 2.1 of OG 49 A1. |
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Clarify whether endowed funds, or expendable funds, or both, are to be pooled.
Clarify whether a single pool charity or two pool charities is/are required.
See OG 49 B2 on these two points. |
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Obtain accountancy advice if you are in any doubt as to how the guidance about mixed pools applies in any particular case. See OG 49 B2. |
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Are the trustees prepared to accept one of our model Schemes without modification? If not, you will need to seek legal advice - see section 6 of OG 49 B3. |
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Is it proposed that the pool charity will accept cash deposits for placing in a deposit account? If so, this may indicate that the trustees wish to establish a common deposit fund and you will need to seek legal advice – see section 6 of OG 49 A1. |
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Check on CDB that the proposed name(s) of the pool charity (or charities) is (are) not too similar to any existing charity (see OG 18). |
