community asset transfers: the legal issues
TRANSCRIPT
Community Asset Transfers – the legal issuesStephen Marshall, Consultant
Bethan Walsh, Solicitor
Outline• Structuring the community group to minimise
risk for trustees
• Effective legal due diligence
• Funding arrangements
• Case study
Structuring the community group• Types of legal structure:
– Unincorporated
– Incorporated • Limited company
• Community Interest Company
• Charitable Incorporated Organisation
Types of legal structure• Unincorporated association
• Incorporated:– Company limited by guarantee
– Community Interest Company (CIC)
– Charitable Incorporated Organisation (CIO)
– Co-operative or Community Benefit Society
Effective legal due diligence• Investigating and fact finding
• Is the information you have received sufficient?
• Does it raise further queries?
• Legal due diligence is an ongoing exercise
Funding arrangements• Big Lottery Fund
• Charity Bank
• Grant Finder
• Unity Trust Bank and WCVA’s Community Investment Fund
Case Study Threeways Centre – North Halifax
Case Study – Site Map
Case Study – Threeways Centre
• A community hub on the site of a disused school
• Not-for-profit organisation mainly run by local volunteers
• Facilities include a doctors surgery, sports centre, conferencing suites
Case Study – Negotiation
• Worked on the project for over 5 years
• Proposal by Threeways was met by stiff competition from other organisations and scepticism from local authority
• Helped negotiate, devise and fine-tune the agreement by which control of the premises switched to Threeways
Case Study – Creation of Corporate Identity
• Identified the most appropriate form of corporate structure
• Helped set up and register the charity
• Secured initial project funding
Case Study – Property Aspects
• Running of the site passed to Threeways on a long term lease by Calderdale council
• Planning, environment and construction aspects taken into account
Thank You
Contact details
Bethan WalshDD : 0292 039 1832M: 07876 872 206E: [email protected]
Stephen MarshallDD : 01332 25 41053E: [email protected]