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Provided by Andrew Studd
Andrew is a partner in the charity and social business team advising charities, social enterprises, trade associations and other membership and not-for-profit organisations on a wide range of charity and company law issues and commercial matters.
His expertise include constitutional and governance matters, commercial and service delivery contracts, mergers and incorporations, grant funding arrangements, joint ventures, collaborative working arrangements and reorganisations.
Andrew trained and spent over 10 years at a leading international law firm advising on mergers and acquisitions including two years running their India office in New Delhi and was a partner at another leading firm advising the charity sector. He joined Russell-Cooke as a partner in the charity and social business team in May 2008.
Provided by Chambers
Andrew Studd frequently advises charities on partnership agreements, including on commercial, funding and investment issues. He also assists with the review of governance structures and sensitive regulatory matters involving the Charity Commission.
5 items provided by Russell-Cooke
No oral modification clauses - avoid getting caught out
A 'no oral modification' (NOM) clause is a clause stating that a contract cannot be modified except in writing and subject to other formalities. When included in a contract it is binding on the parties to that contract.
Fiduciary duties - the Court of Appeal fudged it
The Court of Appeal confirmed in the case of The Children's Investment Fund Foundation (UK) v Attorney General and others that members of a charitable company limited by guarantee do owe a fiduciary duty to act in the interests of the charity.
Data protection: the importance of knowing your controllers from your processors
The changes to data protection law in May this year got charities thinking about how and when they share personal data with third parties – whether it's sharing beneficiary information with another charity or sharing a marketing list with an external events company.
How to complete a People with Significant Control register
It has been nearly two years since The Small Business, Enterprise and Employment Act 2015 required all private UK companies, whether they are limited by shares or by guarantee, to maintain a register of those people who have significant control over the company.
Charities can take a variety of legal forms. Many charities (including those which are unincorporated associations, charitable companies and charitable incorporated organisations) have a two tier governance structure. This means that the charity has both members and trustees.
No oral modification clauses - avoid getting caught out
A 'no oral modification' (NOM) clause is a clause stating that a contract cannot be modified except in writing and subject to other formalities. When included in a contract it is binding on the parties to that contract.
Fiduciary duties - the Court of Appeal fudged it
The Court of Appeal confirmed in the case of The Children's Investment Fund Foundation (UK) v Attorney General and others that members of a charitable company limited by guarantee do owe a fiduciary duty to act in the interests of the charity.
Data protection: the importance of knowing your controllers from your processors
The changes to data protection law in May this year got charities thinking about how and when they share personal data with third parties – whether it's sharing beneficiary information with another charity or sharing a marketing list with an external events company.
How to complete a People with Significant Control register
It has been nearly two years since The Small Business, Enterprise and Employment Act 2015 required all private UK companies, whether they are limited by shares or by guarantee, to maintain a register of those people who have significant control over the company.
Charities can take a variety of legal forms. Many charities (including those which are unincorporated associations, charitable companies and charitable incorporated organisations) have a two tier governance structure. This means that the charity has both members and trustees.
