Download free, customisable policy templates and guides from the Charities Regulatory Authority

Posted in Category(ies): Charities, Latest NewsLeave a Comment on Download free, customisable policy templates and guides from the Charities Regulatory Authority
Van-Geraghty
Company Secretarial Services | Corporate Governance | Compliance Tel: +353 (0) 505 34101 Email: vgeraghty@komsec.ie  

These templates cover key areas such as governance, human resources, sample compliance record form, financial management, minutes, planning and risk, trustee duties and roles, offering a strong foundation for effective board practices and regulatory adherence to help you comply with the Charities Governance Code.

Whether you’re creating a new policy manual or refining existing policies, the templates and guides help save time while promoting best practices.

These free templates and guides offer a foundation that you can customise to fit the specific governance needs of your charity. You can’t (or shouldn’t) rely on sample policies and procedures alone. Use them as a starting point to develop custom policies tailored to the unique requirements of your charity.

We recommend adopting policies at a board level, while procedures are developed/signed off by the organisation’s CEO.

Adaptable for not-for-profits, these policy templates guide you in creating governance standards that align with your board’s goals, regulatory requirements and assist you in complying with the Charities Governance Code.

Check out https://www.charitiesregulator.ie/en/information-for-charities/guidance-documents

 

New Traffic Light System to Shine a Light on Charity Reporting

Posted in Category(ies): Annual Returns, Charities, Latest NewsLeave a Comment on New Traffic Light System to Shine a Light on Charity Reporting
Van-Geraghty
Company Secretarial Services | Corporate Governance | Compliance Tel: +353 (0) 505 34101 Email: vgeraghty@komsec.ie  

Transparency and accountability are cornerstones of the charity sector. To bolster these principles, the Charities Regulator is introducing a new, easy-to-understand system on the Register of Charities: a traffic light system for annual reporting compliance.

What’s Changing?

Imagine glancing at a charity’s record and instantly knowing if they’re keeping up with their legal obligations. That’s the power of the new traffic light system. Here’s how it works:

  • Green Light: Indicates the charity has submitted their annual report on time.
  • Amber Light: Signals the charity is approaching or has passed the deadline for submission.
  • Red Light: Shows the charity has failed to submit their annual report within the required timeframe.

This straightforward visual cue will empower charity trustees, donors, funders, and the public to quickly assess a charity’s reporting practices.

Important Notes:

  • This system applies only to annual reports due after the system’s launch. So, past reporting history won’t be reflected.
  • The exact launch date will be announced soon, and charities will be notified directly.

Why Does On-Time Reporting Matter?

Submitting annual reports is more than just paperwork—it’s a legal requirement. These reports are vital for maintaining an accurate and transparent Register, fostering public trust, and providing crucial information to funders.

The Charities Regulator is serious about compliance. They’re continuing their targeted initiative, which has already led to prosecutions and removals from the Register for persistent non-compliance.

Ready to Go Green?

KomSec urges all charities to proactively review their reporting processes. Don’t wait for the launch! Ensure you’re prepared to submit your annual report on time and secure that coveted green light.

Resources and Support:

The Charities Regulator website is packed with resources and guidance to help you navigate the annual reporting process.

We understand compliance can be complex. Feel free to contact us for guidance and help.

Charities: Update Your 2024 Compliance Record Form – Keep It Ready for Review in 2025!

Posted in Category(ies): Charities, Latest NewsLeave a Comment on Charities: Update Your 2024 Compliance Record Form – Keep It Ready for Review in 2025!
Van-Geraghty
Company Secretarial Services | Corporate Governance | Compliance Tel: +353 (0) 505 34101 Email: vgeraghty@komsec.ie  

What is your Charity’s Compliance Record Form?

The document is the Charities Governance Code Compliance Record Form, which all registered charities must complete annually to demonstrate compliance with the Charities Governance Code. It provides a structured format for charities to document actions taken and evidence supporting their adherence to governance standards.  It’s not submitted to the Charity Regulator but you need to maintain it in case the Regulator asks for a copy.

Each section includes space for charities to document actions taken and evidence proving compliance.

Key Points of the Document:

  1. Basic Charity Details – Name, Registration Charity Number (RCN), Annual Reporting Period, and Board Approval Date.
  2. Purpose of the Form – Charities use it to record their compliance with governance standards and retain it for potential review by the Charities Regulator.
  3. Guidelines for Compliance – Expectations vary based on the complexity of the charity (volunteer-only, staff-run, or complex organizations).
  4. Six Governance Principles & Compliance Areas:
    • Advancing Charitable Purpose – Clarity on mission, strategic planning, resource management, and periodic review.
    • Behaving with Integrity – Establishing core values, conflict of interest policies, and board conduct codes.
    • Leading People – Defining roles, volunteer/staff management, and operational policies.
    • Exercising Control – Legal compliance, financial controls, risk management, and insurance.
    • Working Effectively – Board responsibilities, meeting procedures, decision-making, and trustee recruitment.
    • Being Accountable – Stakeholder communication, complaint procedures, financial reporting, and transparency.

Charities Amendment Act – new changes

Posted in Category(ies): Charities, Latest NewsLeave a Comment on Charities Amendment Act – new changes
Van-Geraghty
Company Secretarial Services | Corporate Governance | Compliance Tel: +353 (0) 505 34101 Email: vgeraghty@komsec.ie  

The Charities Amendment Act 2024 has been enacted, introducing significant regulatory updates to the Charities Act. While most registered charities will continue their operations as usual, several key revisions require attention.

The Charities Regulator has provided an overview  (https://www.charitiesregulator.ie/media/1aioqohj/charities-amendment-act-2024.pdf) of upcoming changes, covering areas such as:

  • Registration
  • Charity Trustee definitions and duties
  • Financial regulations
  • Agreements and appointments
  • Annual report
  • Charity services functions

The first changes, effective January 27, 2025, include an important governance update: company secretaries will no longer automatically be charity trustees unless they also serve as company directors. If this change applies to your charity, ensure that you update the Register of Charities.

Further guidance will be issued by the Charities Regulatory Authority to support implementation over the coming months.

Compliance Calendar for Charities to help with Annual Reporting

Posted in Category(ies): Charities, Latest NewsLeave a Comment on Compliance Calendar for Charities to help with Annual Reporting
Van-Geraghty
Company Secretarial Services | Corporate Governance | Compliance Tel: +353 (0) 505 34101 Email: vgeraghty@komsec.ie  

Compliance Calendar for Charities to help with Annual Reporting

The Charities Regulator has usefully complied a Compliance Calendar (which I am reproducing here) to help Charities comply with their obligations to complete and file an online annual report with the Charities Regulator within 10 months of their financial year-end. For the majority of charities, their year-end is 31 December which means their annual report is due on or before the 31 October.

January

Start to prepare your charity’s financial accounts for 2024. If you are using the services of a third party, such as an accountant, for example, to prepare these accounts, check what information they need and when if you are not sure.

Agree the board meeting when the accounts will be approved by the charity trustees.  The accounts will need to be ready ahead of the meeting so they can be circulated to board members to give them the opportunity to review them.

Make sure to notify whoever is preparing your accounts (especially if you are using the services of a third party) of the date the accounts need to be ready for circulation and inform them, as they may not be aware, that it’s an offence for a charity to file its annual report late to the Charities Regulator after the deadline.

April

Draft financial accounts for 2024 are ready and circulated to all trustees of the charity.

May

Draft financial accounts are reviewed at the board meeting and approved by the charity trustees. If charity trustees have questions on the accounts that need to be clarified or are seeking further details, approval of the accounts can be deferred to the next meeting so the necessary information can be obtained and shared with charity trustees.

June

Financial accounts for 2024 are approved by the board. Begin to draft the annual report on finances and activities for the Charities Regulator.

August /September

Ahead of September board meeting, circulate the draft annual report to the charity trustees for their review.

September

Charity trustees review and approve the annual report to be submitted to the Charities Regulator. The report is now ready to be submitted. However, if further discussion is required, the decision to approve can be deferred to the October board meeting.

October

The report is submitted to the Charities Regulator.

Remember that if a Charity does not file its annual report on time it could ultimately be removed from the Charities Register and prosecuted in the district courts.

 

8th Charity Trustees’ Week  11 – 15 November 2024

Posted in Category(ies): Charities, Latest NewsLeave a Comment on 8th Charity Trustees’ Week  11 – 15 November 2024
Van-Geraghty
Company Secretarial Services | Corporate Governance | Compliance Tel: +353 (0) 505 34101 Email: vgeraghty@komsec.ie  

8th Charity Trustees’ Week

  11 – 15 November 2024

The Charities Regulatory Authority in conjunction with Boardmatch Ireland, Carmichael, Charities Institute Ireland, Dóchas, Pobal, Volunteer Ireland, and The Wheel are offering a wide range of free events to Charity Trustees again this year and are well worth checking out.

The week kicked off on Monday 11th at 10am with an event called “Meet the Charities Regulator” (Madeline Delaney, CEO Charities Regulator). There was an interesting panel discussion covering a range of topics of interest to Trustees with representatives of Carmichael, Charities Institute Ireland and the Wheel.

During the panel discussion, the Charities Regulator advised that they are working with the Department for phased introduction to the Charities (Amendment) Act 2024. By Christmas 2024, we can expect a straightforward explanatory document from the Regulator describing the new changes and what Trustees can expect.

Most of the events are online and just require registration in advance.  Events will be recorded and available in a few days at https://www.charitiesregulator.ie/en/information-for-charities/charity-trustees-week

Check out their  calendar of free events and use the hashtag:#TrusteesWeekIrl if you’re on social media.

Trustee Annual Report 2024

Posted in Category(ies): Charities, Latest NewsLeave a Comment on Trustee Annual Report 2024
Van-Geraghty
Company Secretarial Services | Corporate Governance | Compliance Tel: +353 (0) 505 34101 Email: vgeraghty@komsec.ie  

Trustee Annual Report 2024

Charities in Ireland need to submit their Annual Report to the Charities Regulatory Authority within 10 months of the financial year end.

Why file with the Charities Regulator?

Aside from the legal obligation to file, because some of the information will be available on the public register, it’s an opportunity to showcase your charity’s impact , finances and charitable activities for the previous year, building trust with the public and your stakeholders.

Resources

The Charities Regulator have a number of helpful resources to help you file your charity’s Annual Report.

The Charities (Amendment) Bill 2022

Posted in Category(ies): Charities
Van-Geraghty
Company Secretarial Services | Corporate Governance | Compliance Tel: +353 (0) 505 34101 Email: vgeraghty@komsec.ie  

The Charities (Amendment) Bill 2022 was published by The Minister for Rural and Community Development, Heather Humphries on 29 April 2022. The purpose of the Bill is “to provide for a number of amendments to the Charities Act 2009. The proposed amendments aim to improve the ability of the Charities Regulator to conduct its statutory functions, ensuring more proportionate regulation leading to greater public trust and confidence in the charities sector.” The Bill is expected to be enacted later this year.

Some of the provisions include the following;

  • Establish the promotion of human rights as a charitable purpose.

  • Increase the threshold for filing of a full set of Financial Statements from a maximum gross income or expenditure of €100,000 to €250,000 (aligning with the Companies Act 2014).

  • The accounting standard “Charities Statement of Recommended Practices (SORP)” will be compulsory. An exemption will be permitted for charities with a turnover of less than €250,000.

  • Definition of charities trustee to be amended to exclude Company Secretaries (who hold no other office in the charity).

  • Introduction of new statutory fiduciary duties for trustees to act in good faith, avoid conflicts of interest and exercise an objective standard of care, skill and diligence when advancing the charitable purpose of the charity, mirroring similar duties of Directors under the Companies Act 2014.

  • New Definition of the term “Member”. This change extends the requirement to maintain a Register of Members to unincorporated associations.

 

Click here for full text of the Charities (Amendment) Bill 2022

New Charities Classification System

Posted in Category(ies): Charities
Van-Geraghty
Company Secretarial Services | Corporate Governance | Compliance Tel: +353 (0) 505 34101 Email: vgeraghty@komsec.ie  

Charities Classification System

The Charities Regulatory Authority launched a Classification System on 14th November 2022 (as part of Charities Week) which broadly mirrors classification systems in other jurisdictions.

The purpose of the system is to improve functionality of the Charities Register, provide clarity on registered charities, improve data for research.

Charities to self-determine classification and rely on a “best fit” as it is not possible to achieve a perfect system. It is important to note that Classification will not put a limit on the types of activities a charity can carry out to further their charitable purpose.

 

How does it work?

In the example provided by the Charities Regulator, a museum for example would choose category “Arts and Culture” and can then select two secondary groups “History, heritage and culture” and “Museum or library”.

How to search charities using the classification System

A search facility will be introduced when the database is populated. This will be of benefit to funders, researchers and potential volunteers.

What should charities do now?

• Directors to agree on classification and record decision at a Board Meeting.

• Log into MyAccount to complete and submit form

• Once off process (unless charity wishes to amend it in future)

• Automatic registration of classification

• Immediate update to Register of Charities

 

 More Information

There’s a new Classification Section on their website with more information which includes:

Definition of a Charity Board Succession Plan

Posted in Category(ies): Charities
Van-Geraghty
Company Secretarial Services | Corporate Governance | Compliance Tel: +353 (0) 505 34101 Email: vgeraghty@komsec.ie  

 

 Definition of a Charity Board Succession Plan

A board succession plan is a document that sets out the process to be followed when a Charity Trustee resigns. It’s very useful to prepare for when a Trustee’s term limit is coming up or when a Trustee departs unexpectedly. The Charity Regulatory advise that a Trustee’s term should be no more than 9 years. They have recently issued excellent guidelines on Trustee Term Limits and Succession Planning, click here.

  1. Induction

  • Induction should aim to introduce a new Trustee to the organisation, aims, values and provide an overview of the challenges its facing.

  • Understand their legal duties, responsibilities and personal liability.

  • A visit to the Charity and meet staff, volunteers, beneficiaries (if possible) and Trustees.

  • Provide an induction pack, to include set of financial statements, recent minutes, copy of strategic plan and budgets etc. Further information on an Induction Pack from Charity Regulatory Authority here.

 

Check out the Charity Regulatory Authority Guidance on Induction and Recruitment here

 

2. Identify Skills Required

This will vary, most charities will need Financial expertise for example. You will need to consider the experience you need, for example do you employ staff? If so, you will probably need HR expertise and support etc. This exercise is very helpful when you’re considering new Trustees

 

3. Skills Matrix

Circulate the Skills Matrix and ask your Trustees to complete (tick under the skills-sets they already have). You will find that there is a broad variety of skills and experience amongst the Board. Once this exercise is completed, you can easily identify the “gaps” which will help pinpoint the exact set of skills you’re looking for.

 

4. Review

Periodically review the Induction Process (with feedback from Trustees) and also periodically review the Skills Matrix, which will need to be adapted with the needs of your charity and Trustee changes etc.

 

Resources

The Charity Regulatory Authority have excellent resources available on their website, links are below.

Succession Planning click here

Induction Pack Checklist click here. Induction and recruitment click here