Charity Report and Accounts This fact sheet provides a basic guide to the Annual Reports & Annual Accounts which registered charities are required by law to submit to the Charity Commission within ten months of their financial year end. Please note that the information in this document applies for year ends on or after 01 April 2009. The prevailing accounting law and requirement is the Charity SORP 2005 (updated May 2008) and the Companies Act 2006. Laws that govern charity reporting can change. It is important that you look at the latest information to ensure you adhere to up-to-date laws that govern charities where you are registered. Different laws apply to charities that are registered in Scotland and Ireland. The aim of the Annual Report and the Annual Accounts is to provide a clear picture of the activities and financial position of the charity to those who have an interest. Although these requirements may seem onerous to a small charity, they do require you to define your aims and activities clearly and to manage your finances well, both of which help to ensure that your organisation is more effective and its resources are used for their intended purpose. Requirements for Reports and Accounts The type of Annual Report and Annual Accounts which a charity has to prepare depends on its legal structure, its income, the value of its assets, whether or not it is required to register as a charity and the form in which it keeps its accounts. Charities may be split into two basic categories: a. Charities which are limited companies (incorporated charities); and b. Charities which are not limited companies (unincorporated charities) Within each category, the precise reporting requirements are determined by the income level of the charity and or the value of assets it holds. For charities which are not limited companies, the level of income affects the method used to produce accounts. There are two forms of accounts: a. Receipts & Payments accounts (cash accounting) b. Accruals accounts (Income & Expenditure) There is a brief definition of these types of accounts on pages 3 - 4. There is also a definition of the two types of annual scrutiny of accounts: a. Independent Examination of Accounts b. Statutory audit The two tables on pages 6 and 7 summarise the reporting requirements for both incorporated and unincorporated charities and the requirements are discussed in detail below. Page | 1 Charities Which Are Limited Companies (Charitable Companies) Charitable companies must satisfy both charity law and company law. They must prepare accruals accounts and prepare an Annual Report. Provided they meet the criteria of a small company (income <£6.5m, net assets < £3.26m, employees <50) accounts can be prepared without many onerous disclosures (such as a full audit as opposed to a less rigorous Independent Examination) required by the full legislation. Companies preparing group accounts cannot participate in this light touch regime. Every charitable company must file full accounts with the Charity Commission and even very small companies are advised to get help from an accountant who holds relevant expertise. Charities Which Are Not Limited Companies Any charity may choose to keep accruals accounts even if the law does not require it to do so. If you do keep accruals accounts, you must have an independent examination of accounts carried out by someone experienced in charity accounting and follow Charity Commission requirements for the Trustees Annual Report. Any charity whose constitution calls for an audit must keep accruals accounts regardless of its size and also have a full audit of its accounts. It may be best to seek to amend your constitution if the audit is not actually required by law, in order to avoid unnecessary work and expense. Every registered charity is required to complete the Charity Commission Annual Return. This is separate from the charity’s Annual Report & Accounts. The return asks for some financial information from the accounts. Therefore even a very small charity needs to prepare some form of annual accounts whether or not its constitution requires it. Gross annual income below £5,000 A small charity with a gross income below £5,000 per year is not required to register with the Charity Commission but the law still requires it to keep proper accounts. It is also likely that its constitution or trust deed will require it to prepare annual accounts for its AGM. Gross annual income between £25,000 and £250,000 An unincorporated charity with a gross income above £25,000 and below £250,000 must prepare accounts and have an independent examination of accounts. It is strongly recommended by the Charity Commission that this is carried out by a person with adequate knowledge or qualifications in charity finance. Receipt and payment or accruals based accounting can be used. Gross annual income between £250,000 and £500,000 (value of aggregate assets should be less than £3.26 million) Page | 2 A charity with the above income/aggregate asset condition must keep accruals accounts and have an independent examination by someone as specified in the Charities Act 1993. A charity with gross income above £250,000 must follow guidelines from the Charity Commission on the preparation of Trustees’ Annual Report. Key points should be included: 1. structure (type of charity), governance (constitution) & management (trustees responsibilities). Include how trustees are appointed, inducted and trained and other issues that support best practice. Other areas to include are period of trusteeship, sub-committees and their duties and frequency of board meetings etc., details of how risk is managed and policies relating to staff and volunteers recruitment and support. 2. charity’s aims and objectives and its strategy to achieve these 3. main activities undertaken to achieve the objectives. How these meet public benefit rules, including the statutory declaration that trustees have had regard to the guidance issued by the Charity Commission on public benefit. 4. achievements in relation to the objectives set for year 5. financial review, reserve policy, investment policy 6. future plans 7. trustees responsibilities and how the above relates to the accounts Smaller charities are expected to explain their activities in the Trustees’ Report, but do not have to give as much detail. However, this is a useful guide for charities in the £250,000 to £500,000 bracket. Registered Status to Appear on Documents A registered charity with a gross income of £10,000 or more in the financial year is required by law to state on a range of documents that it is a registered charity and to quote its registration number. These documents include cheques, headed notepaper, advertisements, notices, material placed on websites and any documents used for fundraising or membership purposes. Types of Accounts Receipts & Payments Accounts The receipts & payments basis is a simplified form of accounting. It summarises the movements of money during the financial year; entries are only made in the cash book at the time that cash or a cheque is received or a payment is made. The final balance does not take into account debtors (i.e. money owing) or creditors (i.e. money which you owe): it simply shows how much your group has at the end of the year. The law does not specify any format for preparing Receipts & Payments accounts but they should be prepared in a consistent way from year to year. The Charity Commission provides straightforward forms for charities which wish to use them as a format for their accounts. If you present Receipts & Payments accounts, you must Page | 3 also provide a statement listing assets and liabilities at the end of the year; this includes debtors, creditors and the value of equipment, land and buildings. This type of accounts is much easier for a small charity. It is adequate for a charity with a small annual income so long as its financial dealings are straightforward. When the financial structure of the charity becomes more complicated, it may be better to adopt accruals-based accounting. You may need to get professional advice if you move over to accruals accounting in order to ensure that you make the change smoothly and keep the right sort of records during the year to enable your group to complete the Annual Accounts required. Accruals Accounts The accruals basis is a method of accounting which adjusts the receipts and payments by including debtors, creditors and charges for depreciation to arrive at the income and expenditure account. Accruals accounts include a statement of financial activities and reports the value of all the resources of the charity and the balance sheet provides a `snapshot` at the beginning and end of the year. Every charitable company must use the accruals basis. An unincorporated charity with an annual income below £250,000 may choose either receipts & payments or accruals accounts; above that income threshold it is required to adopt accruals accounts. A charity preparing accruals accounts, whatever its size, is required by law to follow the Statement of Recommended Practice (Charity SORP). The Annual Report and Annual Accounts must consist of: 1. an Annual Report to explain the activities and finances of the charity 2. a statement of financial activities showing incoming resources and how they were used 3. income and expenditure account 4. a balance sheet 5. notes to the accounts 6. audit report or independent examiner’s statement. A charity with an annual income above £250,000 is required to include statements stating how it manages its Risk and Reserves. It is best practice for every charity using accruals based accounts to include these statements. There are precise rules on the preparation of accruals accounts and the Trustees Report, and most organisations will need to get professional advice. Types of Examination of Accounts Independent Examination of Accounts This is the process of scrutinising a charity’s Annual Accounts below the level of a professional audit. The procedures are defined by law and by the Directions of the Charity Commission. The Independent Examiner will gain an understanding of the charity, look at the Annual Accounts and supporting documents and write an Page | 4 independent report for circulation with the Annual Accounts and Trustees’ Annual Report. The duty of the independent examiner is to give what is called ‘negative assurance’. After looking at the evidence the Examiner Reports whether or not certain matters `have come to my attention`. These include lack of accounting records and the failure of Annual Accounts to comply with the Charities Act. As well as scrutinising the Annual Accounts, the independent examiner may also help prepare the Annual Accounts in the format required and help prepare the Trustees’ Annual Report. An independent examiner may be a charity treasurer or finance worker or an accountant. The key is that they must have a good understanding of charity finance and the law. To carry out an independent examination of a charity with an income above £250,000 it is expected that the examiner will be a professional accountant or someone with a qualification in charity finance. When choosing an independent examiner, you should make sure that he or she is fully independent of your charity and able to carry out an independent examination of all aspects of the charity’s work. The Charity Commission gives guidance on selecting an examiner in Appendix 1 of Independent Examination of Charity Accounts 2001 (CC63). There is also a professional body called the Association of Charity Independent Examiners (ACIE) which can give you the details of local examiners who are registered with ACIE. There is however no requirement to register with ACIE (details on page 4) and there are many unregistered examiners who fully meet Charity Commission standards. Statutory Audit The audit process is defined by law and is carried out by a Registered Auditor (a Chartered or Chartered Certified accountant). An audit is the highest level of scrutiny of Annual Accounts and the auditor looks for positive evidence to enable the Annual Accounts to be described as representing ‘a true and fair’ view of the financial statements presented. Every charity with an annual income above £250,000 is required to have an audit. Funding organisations sometimes ask for a copy of audited Annual Accounts; if your charity is not required to have an audit, point this out to the funding body and explain the legal basis of the Independent Examination or the Accounting Report (as appropriate) - funders will usually be satisfied. Page | 5 Summary: Charities Which Are Not Limited Companies Gross income or total expenditure in current year Filing Annual Report, Annual Accounts and Annual Return Annual Report Less (simplified) if than£25,0000 registered. Annual Information Return Annual Report(simplified), Between £25,001 Annual Accounts and £250,000 (within 10 months) & Annual Return Between £250,001 and Full Annual Report, £500,000 or Annual Accounts Income over (within 10 months) & £250,000 and Annual Return aggregate assets less than £3.26m Above £500,000 Full Annual Report, (includes Annual Accounts subsidiary (within 10 months) & income) or Annual Return. income over Summary Information £250,000 and Return if Income aggregate assets exceeds £1 m for exceed £3.26m charity or group. Basis of accounts Receipts & Payments or Accrual Basis (in accordance with 2008 regulations and SORP) Accrual Basis (in accordance with 2008 regulations Minimum External Verification None unless required by a Government Document Independent examination unless audit is required by constitution or a a Government Document Independent examination by a body specified in the 1993 Act unless an audit is required by constitution or a Government Document Statutory audit by registered auditor Notes: 1. This is a guide only. The Charity Commission can require an audit even if the law does not. The threshold is based on gross (not net) income, and should include branch income, but can exclude transactions between the charity and its branches or between branch and branch i.e. where the income to one is an expense to the other. These are defined in the Charity Commission publication Accounting & Reporting by Charities, Statement of Recommended Practice. 2. (a) A charity below £5,000 which has not opted to register with the Charity Commission must still keep proper accounting records. (b) (i) If you present a Receipts & Payments account, it must be accompanied by a Statement of Assets & Liabilities. (b) (ii) if the constitution or other governing document of your organisation requires you to have an audit, then you have no option but to present your Annual Account on the accruals basis and have a full audit. If using accrual basis, Annual Accounts must be prepared in accordance with 2008 regulations and the SORP. If you are below the £500,000 threshold, the charity can ask the Charity Commission to allow an amendment to its constitution to remove the requirement for an audit. Page | 6 3. Summary Information Return only necessary for the group and not for each subsidiary. Summary: Charitable Companies Size of company Less than £25,000 Between £25,001 and £500,000 and where income exceeds £250,000 aggregate assets less than £3.26m Above £500,000 (includes subsidiary income) or income exceeds £250,000 and aggregate assets exceed £3.26m Over £500,000 Filing Annual Report, Annual Accounts and Annual Return Accounts to be filed with the Charity Commission Minimum External Verification Annual Report (simplified). Annual Information Return None unless required by a Government Document Annual Report (simplified), Annual Accounts (within 10 months) & Annual Return Independent Examination or audit unless Constitution require audit Full Annual Report, Annual Accounts (within 10 months) & Annual Return. Summary Information Return if Income exceeds £1 m for charity or group. Full Report Accrual Basis (in accordance with 2008 regulations). Statutory audit by registered auditor Statutory audit Notes 1. This is a guide only. The threshold is based on gross (not net) income. For limited companies the Charity Laws and/or Company Laws can dictate reporting and filing requirements. 2. A charitable company must file its full Annual Accounts at the Charity Commission even if it files abbreviated Annual Accounts at Companies House (under the ‘small company’ rules). 3. An audit may be required (a) by the memorandum & articles (Constitution) or by decisions of the members of the company, or (b) because the company goes outside the criteria of a `small company’. Page | 7 Some Further Information About Independent Examiner (taken from NCVO website) Organisations That Benefit from Independent Examinations For the vast majority of charities that have less than £500,000 (increased for accounting periods commencing on or after 27 February 2007) total annual income, the law allows an Independent Examination instead of a full professional audit. This includes: Registered and recognised charities Excepted charities (for example, churches, scout groups). In England & Wales there is no requirement in law to have an Independent Examination if the charity's income is below £25,000. However, even below £25,000 you may still want an Independent Examination to satisfy your members or funders. Unless your constitution says that you must have a full audit, most funders and donors are very happy to accept independently examined Annual Accounts. Even if your funders say that want audited Annual Accounts, it is always worth clarifying this. Note that all the thresholds apply to the total income of the whole charity taking all funds and projects together. If your organisation is not a charity in its own right but is simply a branch of a larger charity, the audit requirement will almost certainly apply to the parent charity. In the past, people have used the term 'audit' to refer to any kind of scrutiny of Annual Accounts. But since 1992, a charity audit means a full professional audit by a firm of registered auditors. Preparing for an Independent Examination If you do not have the skills to produce a full set of Annual Accounts complying with charity law, most Independent Examiners will help with preparing accounts in addition to examining them. They may also provide assistance with preparation of the trustees' Annual Report. When approaching someone to act as your Independent Examiner, do make clear what you are seeking. As a general rule, preparing and examining accounts involves at least three times as much work as an Independent Examination of Annual Accounts already produced. If you are going to prepare the Annual Accounts yourselves, you must have a proper understanding of the legal requirements. Below £250,000 income the Annual Accounts can usually be prepared as a receipts and payments account (for each fund) Page | 8 plus a statement of assets and liabilities, unless the charity is incorporated. Above £250,000 income the Annual Accounts must follow the SORP format (statement of financial activities, balance sheet, and notes). Although if your charity is growing it will be more useful to follow the SORP format from an early stage. Who Can Be an Independent Examiner? The law defines an Independent Examiner as an independent person who is reasonably believed by the charity trustees to have the requisite ability and practical experience to carry out a competent examination of the Annual Accounts. The key issues are: independence (not someone closely connected with any trustee) ability and experience (especially experience of charity accounts) willingness to devote the time and effort needed for a competent examination of the Annual Accounts, in accordance with the various regulations on Independent Examination Further requirements have been introduced with the increase in the threshold. Where the gross income exceeds £250,000 and there is no requirement for a statutory audit the examiner will need to be a member of a specified accounting body. These are defined by The Charities Act 2006 as: Institute of Chartered Accountants in England and Wales (ICAEW) Institute of Chartered Accountants of Scotland (ICAS) Institute of Chartered Accountants in Ireland (ICAI) Association of Chartered Certified Accountants (ACCA) Association of Authorised Public Accountants (AAPA) Association of Accounting Technicians (AAT) Association of International Accountants AIA) Chartered Institute of Management Accountants (CIMA) Institute of Chartered Secretaries and Administrators (ICSA) Chartered Institute of Public Finance and Accountancy or (CIPFA) A Fellow of the Association of Charity Independent Examiners. (ACIE) Those acting as Independent Examiners for charities with income under £250,000 can include: professional accountants in practice accountants in industry or public sector, retired accountants other charity trainers or consultants who provide an Independent Examination service staff in community accountancy projects voluntary Independent Examiners (or those who act for a nominal fee) - for example many experienced charity treasurers act as Independent Examiners to other charities. Page | 9 When choosing an Independent Examiner, you will wish to take into account the person's qualifications and experience. Remember, the trustees ultimately decide whether the examiner has enough competence and experience. It is often worth checking to see if they have experience of charity accounts and should consider taking up references on the capability of the individual. The threshold change took effect for accounting periods starting after 27 February 2007 and will require examiners of charities with income of over £250,000 to be a member of a specified accounting body. A key qualification in the field is Full Membership of the Association of Charity Independent Examiners (ACIE). Full Members are subject to regulation by ACIE, and are entitled to use one of three professional designations - LCIE, MCIE or FCIE which also determine the threshold to which they can examine charity accounts. An Independent Examiner must be a person and not a firm or organisation. So if you approach a firm of accountants, or a voluntary sector body, there must be a definite individual who is the examiner and he or she will give a personal opinion on your Annual Accounts. How Can We Find a Suitable Independent Examiner? The Association of Charity Independent Examiners operates a free referral service for charities seeking Independent Examiners. Requests must be made in writing. You will be sent a suitable up-to-date list of Full Members. If you find an Independent Examiner in another way, remember to check their qualifications. An Independent Examiner must be a person and not a firm or organisation. So if you approach a firm of accountants, or a voluntary sector body, there must be a definite individual who is the examiner and he or she will give a personal opinion on your Annual Accounts. Confirming the Appointment Once your trustees have agreed to appoint a particular person as the Independent Examiner it is vital to confirm this in writing. Some Examiners have a standard engagement letter. Otherwise, you need to send a letter to the person, confirming that they are appointed "to undertake an Independent Examination of the charity's accounts in accordance with the Charities Act 1993". This must be signed on behalf of the charity trustees. It must also make clear: the charity concerned the accounting year(s) to which the appointment applies fees and timescales for the work. The Examiner's Report Page | 10 Once the Independent Examination is complete, the Examiner must provide you with a signed report on your accounts (similar to an auditor's report). All copies of your accounts must include the Independent Examiner's Report. Diocesan Accounts (Branch Accounts) Branches are not separate legal entities, therefore their financial activities should be part of the parent charity, which is the registered charity. Below is the regulations that govern branch accounting. Branch accounting has a different meaning in accounting terms to consolidation of accounts. To produce meaningful accounts branches should ideally follow the same accounting period as the parent charity. SORP Definition of a Branch (taken from Charity Commission website) The Charities SORP 2000 carries a definition of "branch" in order to clarify the status of organisations for accounting purposes. The definition is designed to ensure that all funds that are either legally part of a reporting charity or are legally part of a charity that is linked to a reporting charity, are covered by the accounts of the reporting charity. The SORP is trying to distinguish these funds from funds which are part of entities which are reporting charities in their own right, even though they may be known as "branches". The exact status of "branches" in the SORP sense, and their relationship with the reporting charity, determines whether or not they are treated as separate organisations for registration. The SORP gives the following definition of "branch": "Branches (which may also be known as supporters' groups, friends' groups, members' groups, communities or parishes which are part of a common trust, etc) are entities or administrative bodies set up, for example, to conduct a particular aspect of the business of the reporting charity, or to conduct the business of the reporting charity in a particular geographical area. They may or may not be legal entities which are separate from the reporting charity." A branch in terms of the SORP definition will be therefore be one of the following: a) part of the administrative machinery of the reporting charity; b) a special trust or restricted fund of the reporting charity; c) a distinct charity not falling within (b) which we have united by a direction under section 96(5) or section 96(6) of the 1993 Act providing for it to be treated as linked to the reporting charity for accounting purposes. These are fairly limited definitions, but the SORP goes on to list some characteristics which may indicate that the entity is a branch for accounting purposes. It may: use the name of the reporting charity within its title; Page | 11 exclusively raise funds for the reporting charity and/or for its own local activities; use the reporting charity's registration number to receive tax relief on its activities; be perceived by the public to be the reporting charity's local representative or its representative for a particular purpose; receive support from the reporting charity through advice, publicity materials, etc. If the branch exists to carry out the primary objects of the reporting charity, typically it will receive funds from it to carry out its work, and may be staffed by employees of the reporting charity. If the branch is not a separate legal entity, all funds held by the branch will be the legal property of the reporting charity, whether or not the branch has a separate bank account. This would be the case where the local group is run by committees who are wholly answerable to the parent body's trustees, and do not have any independence or accountability separately from their responsibility to these parent trustees. How Should a Charity Account For Its Branch(es)? (Taken from Charity Commission website) The activities of a branch of a charity, as defined by the Charities SORP 2005, are part of the activities of the charity administering the branch and are included within that charity's Annual Accounts. For further information please refer to paragraphs 77, 79 and 80 of Charities SORP 2005. However, where the branch(es) are companies in their own right, Company Law also requires each entity to prepare its own Annual Accounts. Where the branch(es) are distinct charities - and treated as separate accounting entities controlled by the parent charity - the parent entity may then, subject to meeting the test of control and benefit set out in FRS2, consolidate its subsidiary branch(es) into its group accounts. Please see paragraphs 77, 78 and 383 of the Charities SORP 2005 for further information. Useful Addresses Charity Commission, 13-15 Bouverie Street Harmsworth House London EC4Y 8DP Tel. 0845 3000 218 Minicom: 0845 3000 219 www.charitycommission.gov.uk Page | 12 Association of Charity Independent Examiners (ACIE) Bentley Resource Centre High Street Bentley Doncaster DN5 0AA Tel. 01302 828338 info@acie.org.uk; www.acie.org.uk Useful Publications By the Charity Commission – Ensure You Use the Up-To-Date Version At All Times. Charity reporting and accounting : the essentials April 2009 (CC15b) provides more details about the purpose and content of Annual Reports. Receipts and Payments accounts pack (CC16) for charities with gross annual income up to £250,000 which want to prepare receipts and payments accounts Accruals accounts pack (CC17) for charities with gross income up to £500,000 which want to prepare accruals accounts by charitable activity Accruals accounts pack (CC39) for charities with gross income up to £500,000 which want to prepare accruals accounts by natural category Page | 13