Subject: nfp advice for surf charity
Hi
I want to start a charity using the arts and surfing to work with vulnerable groups so predominantly it will be free activities and therefore funded. I'm not sure what charity model to set up under though and could do with some advice....
My husband and I already run a surf school half the year (self employed not Ltd Co yet) with not massive profit. We'd like to use the surf school to deliver the surfing part of the charity.
I'd also like to take a wage from the charity - I've 15yrs experience in nfp/community work of this kind. I know there is need for the work I want to do - in my current role I employed my husband as a freelancer for a similar project for my charity using surfing and music which is a great pilot project and evidence for the benefits of this work but i'd like to move into soley merging surfing and the arts with vulnerable groups in my area. No one does this at the moment. I have experience of applying for funding and other charity work as a Senior Manager.
Any advice? I've been told I can't found a charity and be employed by it and due to conflict of interest couldn't then employ my husband's surf school to deliver the work - even though we have the passion, skills and ability and desire to do this kind of work, so i'm looking for the best way forward...
thanks!
When you say you want to 'found' or start a charity, you can do this without having to become one of its trustees. Then of course it would be the trustees who control the charity, whilst you would then be a paid employee.
Actually there is a limited situation where you can be both paid for working for a charity whilst also being a trustee. The important distinction is that you would be being paid as a member of 'staff', and not for being a trustee. It requires an application to the charity commission, and it requires that there are more unpaid trustees who are not staff, than those who are.
There is nothing to stop the charity using your husband's surf school, provided the issue of conflict of interest has been properly considered by the trustees. The crucial issue is whether the trustees are confident they can show if asked that using your husband's surf school is the most effective way to achieve the charity's objectives, and also that if you were a trustee in that situation,there was a clear majority vote. Best practice would be for you to abstain from the vote.
The more recent alternative to a charity is to establish a Community Interest Company which can pay its directors. This would not have charity status so many charitable trusts and other tax advantages would be excluded. (Personally i dont recommend CICs, as for the most part one is better served by establishing a trading subsiduary within a charity or setting up a normal private company and making an annual donation to a charity, of which you may be a trustee.)
Best
Marcus Ward
Hi wavemaker, you CAN be both a charity founder and an employee of the charity but you would need to seek approval from the Charity Commission and explain your circumstances. We have a 30-minute online training course on the website on Setting up a charity which might have many of the answers you're seeking. The trainer, Lucy Caslon, has founded a charity herself and is also the CEO of the charity. She might be able to advise further. On the web page of the course there is a discussion forum where you can get in touch with our trainer and ask her a question. Good luck and I hope my answer hasn't come too late.
