This document discusses legal issues related to community asset transfers. It outlines different legal structures like incorporated or unincorporated for community groups and describes effective legal due diligence. It also discusses funding options and provides a case study of Threeways Centre, a community hub in North Halifax run mainly by volunteers that was negotiated and set up with legal assistance over 5 years.

1. Community Asset Transfers – the legal
issues
Stephen Marshall, Consultant
Bethan Walsh, Solicitor

2. Outline
• Structuring the community group to minimise
risk for trustees
• Effective legal due diligence
• Funding arrangements
• Case study

3. Structuring the community group
• Types of legal structure:
– Unincorporated
– Incorporated
• Limited company
• Community Interest Company
• Charitable Incorporated Organisation

4. 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

5. 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

6. Funding arrangements
• Big Lottery Fund
• Charity Bank
• Grant Finder
• Unity Trust Bank and WCVA’s Community
Investment Fund

7. Case Study
Threeways Centre – North Halifax

8. Case Study – Site Map

9. 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

10. 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

11. 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

12. 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

13. Thank You

14. Contact details
Bethan Walsh
DD : 0292 039 1832
M: 07876 872 206
E: bethan.walsh@geldards.com
Stephen Marshall
DD : 01332 25 41053
E: stephen.marshall@geldards.com