This is an important and challenging time for charities operating in Ireland. Kevin Hoy and Alice Murphy examine some practical implications of the new regulatory regime for charities.
The Charities Regulatory Authority (CRA) was established on 16 October 2014, more than five-and-a-half years after the passing of the Charities Act 2009.
The 2009 act (in conjunction with those provisions of the earlier Charities Acts of 1961 and 1973, which were not repealed) now provides a legislative framework for the establishment and operation of charities in Ireland. The legislation confirms that there is no one set structure for charities. A 'charitable organisation' may be a charitable trust, a body corporate, or an unincorporated body of persons.
In order to come within the definition of a 'charitable organisation', a charitable trust must:
Be established for one of the charitable purposes listed in section 3, Be established by a deed of trust...