SmartGiving

SmartGiving is the trading name of KKL Charity Accounts. KKL Charity Accounts being the charitable arm of KKL Executor and Trustees (K.K.L. Executor and Trustee Company Limited), a subsidiary of JNF Charitable Trust.

Smart Giving states that it has a 'high reputation in the Jewish community.' Its 'wide variety of clients make donations to many charities, mainly registered in the UK.'

Role

KKL Charity Accounts is 'managed by JNF UK' - all of 'KKL Charity Accounts’ trustees are trustees of JNF UK.' The accounts for KKL Charity Accounts are drawn up separately from JNF UK but are then 'consolidated into JNF UK’s accounts.'

In 2013 KKL Charity Accounts Limited was 'rebranded as SmartGiving', 'an online charity accounts and fundraising platform.'

In March 2013, the Charity Commission received a complaint from the campaign group Stop the JNF UK - a group that asserts that the JNF and associated organisations are fundraisers for ethnic cleansing in the occupied territories – which claimed that JNF UK, the Jewish National Fund Educational Trust and KKL Charity Accounts were 'racist and did not meet the commission’s public benefit requirements.' In May 2013, a spokeswoman for the commission said that the initial complaint was rejected and the three charities would remain on the register. But the JNFCT and the other 2 related organisations would be looked at by the commission’s operations team over concerns that it failed to comply with the Equality Act 2010. Stop the JNF said it welcomed the commission’s decision to refer the charity to its operations team. Sofiah Macleod of Stop the JNF said: 'We very much look forward to hearing how the JNF will attempt to show that its racial discrimination is for the public benefit.'

In March 2020, the Fundraising Regulator assessed a claim that KKL Charity Accounts (Smart Giving) and JNF had manipulated a will so JNF would receive nearly £20,000,000.

The complainant’s solicitors told the Financial Regulator that the 'testator opened a charitable giving account with KKL Charity Accounts Ltd sometime during the 1950s, initially with a donation of £50.'

Thereafter, the testator would transfer a sum of money every year to this account. They told us that by the year 2000 the sum they would transfer each year had increased to £750. The solicitors stated that the testator only made donations through KKL Charity Accounts Ltd, and later SmartGiving, in return for services they received from KKL.'

Additionally, 'the terms of service (of KKL Charity Accounts – Now SmartGiving) state that any income tax reclaimed on donations and any interest made on money held is given to JNF.'

Witness A added that 'KKL Charity Accounts Ltd had charged a fee for managing their accounts, and all their profits went to JNF.' It was said that this 'arrangement was made clear via KKL Charity Accounts Ltd newsletters, which they stated the testator received.'

It was noted by the regulator that 'the testator had a pre-existing relationship with the charity due to their use of the will writing service for a number of years and their use of KKL Charity Accounts Ltd/ SmartGiving since the 1950s…. we can see that it would not have been unreasonable for them to consider making donations to the charity, particularly at a time when they may have been putting their affairs in order.'

Nevertheless, The Fundraising Regulator agreed with the complaint: 'KKL Accounts should not have been involved in drafting a will which left money to JNF UK' and that 'there were insufficient safeguards and procedures in place to ensure that the will-writing service was not influenced by the charity.'

In doing so it was said that KKL had broken the Fundraising Code by making it a requirement to donate to JNF for use of its will writing service (via KKL) but stopped short of saying that it had influence over the will. The matter has been referred to the Charity Commission.