Register a charity with the Charity Commission

If you 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 puts it on the public Register of Charities.

Do you need to register?

Not all charities must register. You must register if your charity's annual gross income is over £5,000, or if it is a charitable incorporated organisation (CIO), whatever its income.

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?

A CIO suits you if you want limited liability for trustees, plan to employ staff, hold property or enter contracts, and want a single registration with the Charity Commission rather than Companies House as well.

A charitable company limited by guarantee also gives limited liability and a well-understood corporate structure, but you register with both Companies House and the Charity Commission. It is the usual route if you are converting an existing company to charitable status.

An unincorporated association or trust suits a small charity with few assets, no employees and low-risk activities that wants the simplest governance.

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. A CIO uses a constitution, and the Charity Commission publishes model constitutions for the foundation and association models. A charitable company uses articles of association, which must comply with both charity and company law. An unincorporated association uses a constitution or rules, and a charitable trust uses a trust deed, often drafted by a solicitor.

Essential clauses

Your governing document must include:

• your charity's official name
• its purposes, which must be exclusively charitable
• its powers to further those purposes
• how trustees are appointed and removed, and their responsibilities
• how meetings are run and decisions made
• how the document can be amended
• what happens to assets if the charity closes, which must go to another charity with similar purposes

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

Registration process

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)

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)

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 the Charity Commission's model governing documents, which are processed faster.
• Be specific about your purposes, because vague or overly broad purposes cause delays.
• Give complete information, because missing details lead to queries.
• Explain anything unusual about your charity 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 on their activities and finances
• submit accounts, with preparation and audit requirements that depend on income
• report serious incidents, such as fraud or safeguarding issues, to the Commission
• keep their register entry up to date, including changes to trustees, contact details or the governing document

Excepted and exempt charities

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