Changes likely to be introduced by the Charities Regulatory Authority during 2026  

Posted in Category(ies): Charities
Van-Geraghty
Company Secretarial Services | Corporate Governance | Compliance Tel: +353 (0) 505 34101 Email: vgeraghty@komsec.ie  

Charities Amendment Act

Changes likely to be introduced by the Charities Regulatory Authority during 2026

A summary of changes likely to be introduced by the Charities Regulatory Authority (CRA) during 2026 are listed below. Charities should familiarise themselves with the changes and what actions are required.

  • Plan and check CRA guidelines
  • Watch out for updates from the CRA
  • Sign up for CRA ezine and follow them on social media

 

Notification Requirements

  • Public Register must be kept up to date
  • Appointments & Resignations of Trustees
  • Advise CRA where Charity proposes to wind up / cease operations

Action – check public register is accurate, if charity is a CLG, ensure appointment/resignation dates match dates filed with the Companies Registration Office

 

Details of Trustees to be provided

  • Name, address, email & phone number
  • Documentary proof of address
  • Declaration Trustee is not disqualified

Action – CRA will be updating their Trustee forms and portal to accommodate the change

 

Charity’s Constitution

  • Charity Constitution will be published on the CRA website
  • CRA will not be publishing Constitutions immediately. They will allow charities time to review and provide them with the most up-to-date copy
  • Charities will be requested to submit current Constitutions

Action – check your Constitution complies with the requirements of the Charities Act

 

Offence not to Notify the Charites Regulatory

  • Failure to notify the CRA is an offence

Action – Ensure you know your charities reporting and notification requirements, and that they are embedded in internal processes

 

Minimum Number of Trustees – Section 54A

  • Minimum three Trustees
  • Majority of Trustees must be resident in the State, EEA or UK
  • Connected relatives cannot make up a majority of Trustees

Action – Ensure you have appointed the minimum number of trustees

 

Connected Relatives

Who is:

  • Child, step child parent, step parent, brother, sister, spouse, civil partner, cohabitant, grandparent, grandchild or child of a civil partner or cohabitant
  • Husband, wife, neighbour as Trustees: not permitted
  • Husband, wife, neighbours who are not in the category of connected relative on Board: permitted

Is not:

  • Aunt, uncle, cousin, brother/sister-in-law

Action – Ensure you know connected relationship status on the Board and address if necessary

 

Register of Members section 54D

  • A CLG: A “member” is defined by s.168 Companies Act
  • An Association: A “member” is anyone entitled to appoint, nominate or vote for the appointment of a trustee
  • Charities must keep Register of Members: name and address of each member, date they become a member and date membership ceased

Action – Check Register of Members is up to date, restore/generate if not in place.

 

Charity Communications – Section 45(7)

Charities will be required to include the following on all public documents and publications:

  • That it is registered (current)
  • Its name of the CRA Register (may differ from trading name)
  • Registration Number (RCN)

 

Requirements apply to all public documents and publications including on TV or online:

  • Advertising (printed, tv and digital)
  • Fundraising and promotional materials such as leaflets, buckets etc
  • Website
  • Social channels (including bio or profile description)
  • Stationery

Action – ensure everyone who produces charities communications know the requirements and make changes when producing new campaigns or materials

 

New Offences

  • Failure to notify/update details on the CRA Register
  • Failure to update Trustees on the Registers
  • If a person (including a charity trustee) knowingly or recklessly provides false or misleading information relating to any charity’s registration to the Charity Regulator.
  • Disqualification from acting as a trustee
    • Clarifications re bankruptcy and insolvency (current only)
    • Addition of conviction of summary offence under the Charities Act
    • g. failing to comply with statutory direction to provide information, failing to file an Annual Report, failing to keep proper books and records as required under the Charities Act.

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