Pros and cons of incorporation


5 minutes to complete

A guide for unincorporated charities that are considering whether to incorporate as either a company limited by guarantee a charitable incoroprated organisation or a community benefit society.

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Is this right for me?

This document is right for your organisation if:

  • Your charity is currently unincorporated, for example a trust or an unincorporated association;
  • You are interested in converting your charity into an incorporated organisation such as a company limited by guarantee, a charitable incorporated organisation or a community benefit society; and
  • You would like to know about the advantages and disadvantages associated with both unincorporated and incorporated forms of charity.

This document is not right for your organisation if:

Please Note: You may be interested in the BWB Get Legal guide to legal forms for charites, the BWB Get Legal guide to running a charitable company limited by guarantee. You can use the interactive Get Legal decision tool to help you choose the best legal form for your plans. If you would like specific advice on your plans, or help with establishing and registering your organisation, please contact us on or 020 7551 7777 and a member of our legal team will be able to let you have a quotation for providing bespoke advice.

What you'll need…

What do I need before I start?

You won't need any information beyond the name of your organisation to complete this form.


Q: What is the process?
A: Once you have logged in and paid for the form you will be asked a couple of questions. These questions help us to create exactly the right document for you. Once you have finished the document it will be emailed to you with more instructions about what to do next.

Q: What if I don’t have time to complete the form?
A: If you don’t have all the information you need or if you get interrupted you can save the information you have inputted and return to the document later.

Q: What if I want more information about registering a charity?
A: You may find some of the other resources on BWB Get Legal helpful. There is the free interactive decision tree. We also have guidance notes on legal structures for charities and how to run a charitable company limited by guarantee. If you would like more specific advice on formation and registration as a charity or any other legal issue, please contact BWB at or 020 7551 7777 and a member of our legal team will be able to give an estimate for providing bespoke advice.

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