If you are responsible for an organisation set up to serve the community you will be aware that different legal structures available come with their own advantages and risks.
make an enquiryThere is also a type of company which is formed for the purpose of carrying on business for the benefit of a community called a Community Interest Company (CIC). This is also known as a Social Enterprise Company. A CIC is not a charity, so it is not subject to charities regulation and this can provide benefits for organisations that seek to operate more as a business in their everyday interactions, although clearly the definitions of ‘benefit’ and ‘community’ need to be met.
When setting up a charity, there are several structures to choose from; the four main structures commonly used by charities are:
The main disadvantage with trusts and unincorporated associations are that they do not have a legal personality and cannot enter into contracts in their own name. Trustees or members may have personal liability.
The main disadvantage with Companies (limited by guarantee) is the requirement to submit returns and accounts to Companies House and Charity Commission.
Charitable Incorporated Organisation in our view are the better structure for many organisations serving the community for following reasons:
Our Town and Parish Council team in Surrey will be able to advise you on suitable structures and the process needed for conversion from your existing arrangement.
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