A law firm for life

There are many similarities between running a business and running a charity

Both are rewarding but require those in senior positions to balance a range of responsibilities. Charities, as well as social enterprises and other not-for-profit bodies, are facing increasing levels of regulatory and financial pressure. The specialist charity law solicitors at The McKinstry Company can offer reliable, practical advice to help you solve issues quickly and put in place a clear strategy for the future.

Experienced Charity Lawyers Ayrshire & South West Scotland

From established and well-known charities to community groups and new social enterprises, we offer comprehensive support on all aspects of setting up and running a charity. We are highly regarded across the third sector for our skills and knowledge in areas such as funding, consolidation, mergers and partnership working.

We have an experienced, multi-disciplinary team with many years of experience, providing a service that is tailored to the needs of our clients. Whether you are a service provider, campaigning organisation or grant-making foundation, we can assist you in achieving your goals.

Our solicitors regularly advise:

• Individuals who wish to set up a charity
• Trustees and senior managers responsible for running charities
• Educational institutions
• Trustees looking for advice on fulfilling their obligations

We can offer guidance on a diverse range of legal matters, including:

• Setting up a charity
• Governance
• Operational advice
• Constitutional issues
• Complying with existing and upcoming legislation, including the Charities and Trustee Investment Act (Scotland) 2005
• Assistance in dealing with the Office of the Scottish Charity Regulator
• Banking and grant funding
• Employment law
• Commercial property law
• Dispute resolution
• Restructuring
• Setting up subsidiaries
• Trust law

Our work in this area extends to supporting social care providers to manage the delivery of care contracts, as well as employment issues and complying with working time regulations. We appreciate the problems faced by charities and understand the legislative challenges that must be contended with. In support of your objectives, we can provide reliable, sector-specific advice whatever your requirements.

Setting Up a Charity

There will be a lot to consider if you are considering setting up a new charity. We can support you to consider:

• The pros and cons of setting up as a charity
• The best legal structure for your charity
• Who will act as trustees – we can also advise on trustees’ duties
• What the charity’s governing documents will look like – these should cover the charity’s objectives and how decisions will be made
• What activities the charity will carry out

Charity Governance

Charities must have an up-to-date constitution and governance policies to allow trustees to manage the charity effectively. We will work to ensure that all documents are clear and flexible, reflecting best practice. We can carry out a bespoke governance review and help you implement change, as well as advising on whether or not to incorporate if your charity is currently unincorporated.

Contact our Charities Lawyers in Ayr and Girvan

To discuss how we can support your organisation, call The McKinstry Company on 01292 281 711 or complete our online enquiry form and we will get back to you without delay.

Ayr Sandgate

Queen’s Court House
39 Sandgate
Ayr, Ayrshire

  • Disability access
  • Parking close by


146-148 Dalrymple Street
Girvan, Ayrshire
KA26 9BQ

  • Disability access
  • Parking close by
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We are open by appointment but these will be restricted to executry and matrimonial clients. Social distancing measures will be in place and please ensure face coverings are worn when entering the office.