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    Considerations on winding up a charity
    2015-01-31

    We are asked from time to time to assist with the dissolution of an existing registered charity.  However, often we suggest to our clients that it might be better for them to either amalgamate the existing charity into another charity or keep it in existence but inactive.

    There are various reasons why charities wish to dissolve.  Sometimes the problem that they were established to address has been solved.  Sometimes there is no leadership left to govern or manage the charity.  Other times the work once done by the charity has been taken over by another charity.

    Filed under:
    Canada, Insolvency & Restructuring, Non-profit Organizations, Miller Thomson LLP, Charitable organisation
    Authors:
    Robert B. Hayhoe
    Location:
    Canada
    Firm:
    Miller Thomson LLP
    PPF consults on proposed changes to the calculation of the risk-based levy
    2009-11-26

    On 9 November, the PPF published proposals for the 2011/12 pension protection levy year which aim to improve the way the insolvency risk for sponsoring employers is assessed. The proposals reflect industry feedback and a review of methodology and insolvency probabilities carried out by Dun & Bradstreet (D&B).

    The key changes include:

    Filed under:
    United Kingdom, Employee Benefits & Pensions, Insolvency & Restructuring, Norton Rose Fulbright, Regulatory compliance, Charitable organisation, Subsidiary, Parent company, Charity Commission for England and Wales
    Authors:
    Peter Ford , Lesley Browning
    Location:
    United Kingdom
    Firm:
    Norton Rose Fulbright
    Kids Company: risks of insolvency to large charities
    2016-05-09

    Summary: The Public Administration and Constitutional Affairs Committee's findings in relation to Kids Company serve as a reminder of the risks of insolvency to large charities. The inherent weaknesses in the demand-led 'self-referral' operating model resulted in little to no reserves, and ultimately led to the trustees being required to file a petition to wind up the charity. Trustees of large charities must always be mindful of reserve levels.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Non-profit Organizations, Bryan Cave Leighton Paisner, Charitable organisation
    Authors:
    Carly Parsons
    Location:
    United Kingdom
    Firm:
    Bryan Cave Leighton Paisner
    Insolvency in the charities world – the pension scourge
    2014-11-04

    Pension deficits are by no means the only concern for charities, but they present a severe headache.

    There are over 180,000 charities registered in England and Wales, employing around 2,660,000. 
    Between them, the Charities Commission has reported a combined pensions deficit of over £3.4 billion. For some charities, the burden of meeting that deficit puts too much of a strain on already stretched resources. 

    Filed under:
    United Kingdom, Employee Benefits & Pensions, Insolvency & Restructuring, Litigation, Non-profit Organizations, Mills & Reeve LLP, Charitable organisation
    Authors:
    Lino Di Lorenzo
    Location:
    United Kingdom
    Firm:
    Mills & Reeve LLP
    Charity insolvency
    2013-04-10

    In November 2012, People Can, a charity employing around 300 people, went into administration after being overwhelmed by a pensions deficit of over £17 million. With charitable donations and public funding reducing, they will not be alone, as many charities face an uncertain future.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Non-profit Organizations, Mills & Reeve LLP, Legal personality, Liability (financial accounting), Liquidation, Charitable organisation
    Authors:
    Lino Di Lorenzo
    Location:
    United Kingdom
    Firm:
    Mills & Reeve LLP
    The impending bankruptcy court hearing where Picard seeks to allow Hadassah to keep $32 million in fictitious profits - installment 47
    2011-03-08

    Several Installments in this blog series about the long-running, global Ponzi scheme of Bernard L.

    Filed under:
    USA, Capital Markets, Insolvency & Restructuring, Litigation, White Collar Crime, Fox Rothschild LLP, Bankruptcy, Charitable organisation, Internal Revenue Service (USA), Trustee, Chief financial officer, United States bankruptcy court
    Authors:
    Alain Leibman
    Location:
    USA
    Firm:
    Fox Rothschild LLP
    Chapter 11 plan feasibility for nonprofit debtors requires more than successful fundraising track record
    2011-06-01

    The enduring impact of the Great Recession on businesses, individuals, municipalities, and even sovereign nations has figured prominently in world headlines during the last three years. Comparatively absent from the lede, however, has been the plight of charitable and other nonprofit entities that depend in large part on the largesse of donors who themselves have been less able or less willing to provide eleemosynary institutions with badly needed sources of capital in the current economic climate.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Non-profit Organizations, Jones Day, Bankruptcy, Debtor, Legal burden of proof, Liquidation, Charitable organisation, Disability, Exclusive jurisdiction, US HUD, Ninth Circuit
    Authors:
    Charles M. Oellermann , Mark G. Douglas
    Location:
    USA
    Firm:
    Jones Day
    Madoff, Picard and charities: a comparison of treatment of the Lautenberg Foundation and the Wilpon/Katz foundations - Part 2 - Installment 52
    2011-06-14

    This is the fifty-second in a series of installments on this blog that are discussing issues arising in the aftermath of the global Ponzi scheme perpetrated by Bernard L. Madoff (“Madoff”).

    Filed under:
    USA, Insolvency & Restructuring, Non-profit Organizations, White Collar Crime, Fox Rothschild LLP, Bankruptcy, Charitable organisation, Fair market value, 501(c) organisation, Bénéfice, Form 990, Internal Revenue Service (USA), US Senate
    Authors:
    Alain Leibman
    Location:
    USA
    Firm:
    Fox Rothschild LLP
    Chapter 11 plan feasibility for nonprofit debtors requires more than successful fundraising track record
    2011-06-01

    The enduring impact of the Great Recession on businesses, individuals, municipalities, and even sovereign nations has figured prominently in world headlines during the last three years. Comparatively absent from the lede, however, has been the plight of charitable and other nonprofit entities that depend in large part on the largesse of donors who themselves have been less able or less willing to provide eleemosynary institutions with badly needed sources of capital in the current economic climate.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Non-profit Organizations, Jones Day, Bankruptcy, Debtor, Legal burden of proof, Liquidation, Charitable organisation, Disability, Exclusive jurisdiction, US HUD, Ninth Circuit
    Authors:
    Charles M. Oellermann , Mark G. Douglas
    Location:
    USA
    Firm:
    Jones Day
    Madoff, Picard and charities: a comparison of treatment of the Lautenberg Foundation and the Wilpon/Katz foundations - Part 2 - Installment 52
    2011-06-14

    This is the fifty-second in a series of installments on this blog that are discussing issues arising in the aftermath of the global Ponzi scheme perpetrated by Bernard L. Madoff (“Madoff”).

    Filed under:
    USA, Insolvency & Restructuring, Non-profit Organizations, White Collar Crime, Fox Rothschild LLP, Bankruptcy, Charitable organisation, Fair market value, Bénéfice, Form 990, Internal Revenue Service (USA), US Senate
    Authors:
    Alain Leibman
    Location:
    USA
    Firm:
    Fox Rothschild LLP

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