Winding up and insolvency of charities : including rescue mechanisms.

Yates, Elizabeth. (1999) Winding up and insolvency of charities : including rescue mechanisms. PhD thesis, University of Liverpool.

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Abstract

This study aims broadly to explore the legal and practical problems of winding up and insolvency for charities that are, or ought to be, registered with the Charity Commissioners for England and Wales and to explore possible 'rescue mechanisms.' It seeks to identify common underlying factors or trends associated with charities becoming insolvent or being wound up. The methodology consisted of book work and practical research in which a detailed study was made of 130 charitable companies and the experiences of legal and accountancy practitioners were sought. Twenty case studies were put together from information provided by the practitioners and from the author's own experience. The areas of legal complexity explored include problems associated with land and endowments, and the augmentation principle in respect of bequests to a corporate charity that has been dissolved. Some issues such as property holding and personal liability are more complex in an unincorporated association. Practical difficulties such as disputes between trustees, between staff and trustees, or between members are significant as are the legal and practical complexities associated with the contract culture. Charities represent an important sector of the economy, collectively being worth £19.7bn in 1998, and their success or failure is of public concern. The research indicates that charities are affected by societal changes, legislative change and changes in the attitudes of beneficiaries. Their dissolution or winding up is often a result of a combination of factors, both internal and external and service providing charities appear to be particularly vulnerable. The quality, cost, and availability of professional advice is considered. It is suggested that the role of local intermediary bodies could be enhanced and that a means be found for accrediting the competence of charity advisors, whether professional or lay.

Item Type:	Thesis (PhD)
Depositing User:	Symplectic Admin
Date Deposited:	20 Oct 2023 18:30
Last Modified:	20 Oct 2023 18:36
DOI:	10.17638/03175436
Copyright Statement:	Copyright © and Moral Rights for this thesis and any accompanying data (where applicable) are retained by the author and/or other copyright owners. A copy can be downloaded for personal non-commercial research or study, without prior permission or charge.
URI:	https://livrepository.liverpool.ac.uk/id/eprint/3175436