Register a charity with the Charity Commission

If you want to set up a charity in England or Wales, you may need to register with the Charity Commission. Registration confirms your organisation is a genuine charity and allows you to use the word "charity" in your name and communications.

Do you need to register?

Not all charities must register. Whether registration is mandatory depends on your charity's structure and income level.

When you must register regardless of income

Charitable Incorporated Organisations (CIOs) must register with the Charity Commission regardless of income level. This is because CIOs only exist as legal entities once registered - they cannot operate without registration.

If you're setting up as a charitable trust or unincorporated association with income under £5,000, registration is voluntary but has benefits including public recognition and access to Gift Aid.

The 13 charitable purposes

To qualify as a charity, your organisation must have purposes that fall within the statutory descriptions in the Charities Act 2011. Your activities must also provide public benefit - you cannot exist solely to benefit private individuals.

Public benefit requirement

Having a purpose that falls within one of the 13 descriptions is not enough on its own. You must also demonstrate public benefit:

• There must be an identifiable benefit (or benefits)
• The benefit must be to the public, or a section of the public
• Any private benefit must be incidental
• The benefit must not be unreasonably restricted by ability to pay

The Charity Commission provides detailed public benefit guidance for each charitable purpose.

Choose your charity structure

Before registering, you need to decide on the legal structure for your charity. Each has different implications for liability, registration requirements, and governance.

Which structure is right for you?

Choose a CIO if:

• You want limited liability protection for trustees
• You plan to employ staff, hold property, or enter contracts
• You want a single registration (Charity Commission only - no Companies House)

Choose a charitable company (CLG) if:

• You want limited liability and a well-understood corporate structure
• You're comfortable with dual registration (Companies House and Charity Commission)
• You're converting an existing company to charitable status

Choose an unincorporated association or trust if:

• You're a small charity with minimal assets and no employees
• Activities are low-risk with little liability exposure
• You want the simplest governance structure

Trustee requirements

Every charity needs trustees - the people responsible for running it. The Charity Commission has specific requirements for who can be a trustee and how many you need.

Who cannot be a trustee

The following people are automatically disqualified from acting as charity trustees:

• Anyone with unspent convictions for dishonesty or deception
• Undischarged bankrupts
• People previously removed as trustees by the Charity Commission or court
• People disqualified as company directors
• People on the sex offenders register (for charities working with children/vulnerable adults)

Trustees who are automatically disqualified can apply to the Charity Commission for a waiver in certain circumstances.

Prepare your governing document

Your governing document sets out your charity's purposes, how it will be run, and what happens if it closes down. The format depends on your structure:

Essential clauses

Your governing document must include:

• Name: Your charity's official name
• Purposes: What your charity exists to do (must be exclusively charitable)
• Powers: What the charity can do to further its purposes
• Trustee provisions: How trustees are appointed, removed, and what their responsibilities are
• Decision-making: How meetings are conducted and decisions made
• Amendment clause: How the governing document can be changed
• Dissolution clause: What happens to assets if the charity closes (must go to another charity with similar purposes)

Using the Charity Commission's model documents speeds up the registration process.

Registration process

Step 1 - Check eligibility

Before applying, confirm that:

• Your purposes are exclusively charitable (fall within the 13 descriptions)
• You provide public benefit
• You meet the income threshold (or are a CIO)
• Your trustees are eligible (not disqualified)

Step 2 - Prepare documents

You will need:

• Completed governing document with required clauses
• Trustee details and declarations
• Information about your activities and beneficiaries
• Financial information (income, expenditure, assets)

Step 3 - Apply online

Submit your application through the Charity Commission's online portal. You will need to:

• Create an account on the Charity Commission website
• Complete all sections of the application form
• Upload your governing document
• Provide trustee declarations
• Pay any applicable fees (registration is free)

Tips for faster registration

• Use model documents: Applications using Charity Commission model governing documents are processed faster
• Be specific about purposes: Vague or overly broad purposes cause delays
• Provide complete information: Missing details result in queries
• Explain unusual arrangements: If anything about your charity is non-standard, explain it upfront

After registration

Once registered, your charity will:

• Appear on the public Register of Charities
• Receive a charity registration number
• Be able to claim Gift Aid on donations
• Need to file annual returns and accounts

Ongoing obligations

Registered charities must:

• File an annual return: Update the Commission on your activities and finances
• Submit accounts: Preparation and audit requirements depend on income
• Report serious incidents: Notify the Commission of significant events (fraud, safeguarding issues, etc.)
• Keep register entry updated: Report changes to trustees, contact details, or governing document

Excepted and exempt charities

Some charities don't need to register, even if they meet the usual criteria.