Many people in England and Wales provide charities with funds whether this is through individual donations given by themselves, donations through a fundraising event or funds provided to the charity through a charitable trust or a will.
Funds given for a specific purpose
Often funds given to charities will be given for a specific purpose. In this case the funds must specifically be used for this purpose. The accounting records of the individual charity should therefore distinguish between the different types of funds which are provided to them and the terms by which they were given.
What is meant by the term funds?
Funds given to charities can include monetary funds but can also include property and assets of any sort provided to individual charities.
Restricted versus unrestricted funds
The funds provided to charities will usually fall into one of the following two categories:
- Restricted funds
- Unrestricted funds
Restricted funds can be split into the following two categories:
- Restricted income funds
- Endowment funds
Restricted Income Funds
Restricted income funds are funds which are often created by charitable trusts whereby the purposes are specified by that trust. The purpose will either be specified by the donor in a specific letter or the terms of a public appeal which may have been running at the time of the donation.
Do they have to be used for the specified purposes?
Restricted income funds can only be used for the specific purposes for which they are given.
What happens if they are used for any other purposes?
If restricted income funds are used by a charity for any other purposes than those which were originally specified then this could amount to fraud or deception.
Endowment funds can be split into the two following categories:
- Permanent endowment funds
- Expendable endowment funds
Permanent Endowment Funds
Permanent endowment funds are funds which are given to a charity to be held as capital. In this case the donor has given no power to either the Board of Trustees for the charitable trust or the management company in charge of the trust to convert them to income.
The capital must therefore be retained for the charity, however, this does not stop the investment income derived from it – for example the dividends from the shares – being available for the general purposes of the charity. However, in some cases this will not be possible as this will be expressly forbidden in the terms of the trust.
What role does the Charities Act 2006 have to play?
The Charities Act 2006 enables charities to spend permanent endowment funds according to various safeguards and procedures which apply according to the size of the charity.
Smaller unincorporated charities which have available endowment funds which are valued are less than £10,000 and which have an annual income of less than £1,000 are able to spend permanent endowment funds through their trustees or management committees without the involvement of the Charity Commission. Furthermore they will not be required to advertise their intention to do so.
However, this all depends upon the proviso that this is done for the reason that they believe that the charity’s purposes would be more effectively achieved.
Larger Charities which have a single purpose, endowment funds valued at more than £10,000, an annual income of over £1,000 are able to pass a resolution agreeing to spend a permanent endowment fund.
However, in order to do this the following procedures under the Charities Act 2006 must be adhered to:
For more information on:
- Expendable Endowment Funds
- Unrestricted Funds
- Non-designated or general funds
- What is an example of non-designated or general funds?
- Designated Funds
- When will a decision concerning designated funds be made?
- Will funds that are designated always remain designated?
- Do all charities have to provide details of their accounts to the Charity Commission?