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Mkt1019 social enterprise legal structures
 

Mkt1019 social enterprise legal structures

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    Mkt1019 social enterprise legal structures Mkt1019 social enterprise legal structures Presentation Transcript

    • (Some) Legal Structures for achieving social outcomes
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    • AND IN MORE DETAIL
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    • Unincorporated Association
      • group of people usually with a constitution who run the organisation for the members.
      •   no separate legal identity of its own .
      • the people who run the business are themselves liable for its debts and any leases or contracts it has.
      Advantages – what is good? Disadvantages – what is bad? “ Light touch” Regulation Personal Liability Some tax advantages Structure can be unclear Flexible and informal structure Little recognition for finance
    • Company Limited by Guarantee
      • As a Limited Company the members’ liability is limited to the amount the members have contributed.
      • This can be a nominal amount, which is often just £1. If the company closed and owed money the members would only owe £1 each.
      • Can also register as a charity to gain tax benefits
      Advantages – what is good? Disadvantages – what is bad? Less tax to pay-(if charity) Restrictions on trustees Limited liability Restrictions on trading Public trust in charities Lots of rules and regulations Tried and tested model - lots of advice
    • Industrial and Provident Society
      • Like a Limited Company an Industrial and Provident Society has limited liability.
      • There are two types of Industrial and Provident Society a Social Enterprise can be:
        • Co-operative Society – must have open and voluntary membership
        • Community Benefit Society – must be able to prove it will help the community
      • They are regulated by the Financial Services Authority & qualify as exempt charities so pay less tax .
      Advantages – what is good? Disadvantages – what is bad? Limited liability Some restrictions on trading Possible tax reduction Some rules and regulations One member , one vote Restrictions on eligibility- “special reasons” Flexible structure
    • Community Interest Company
      • new type of company, limited by guarantee or shares, that is set up to benefit a community in some way.
      • regulated by Companies House and the Community Interest Company Regulator but don’t have many rules and regulations.
      • must pass the Community Interest Test.
      Advantages – what is good? Disadvantages – what is bad? “ Light touch” Regulation New and untried Limited liability Have to pay normal tax No restrictions on trading Can not be a charity No restrictions on members
    • Mixed models Charity Trading Co 100% shares Charity Trading Co 51% shares Other investors 51% shares Charity 51% shares Other investors 51% shares Trading Co Asset Unincorporated Association Governance Leases from
      • Read “Legal formats for social enterprise”
      • And make notes for your portfolio