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The Future of the Friends of Abbeyfield Park. To hold a lease, enter into contracts, employ staff, apply for some forms of funding etc, FOAP needs to be legally incorporated. The legal form we are recommending is a Charitable Incorporated Organisation by Association. The legal stuff.
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To hold a lease, enter into contracts, employ staff, apply for some forms of funding etc, FOAP needs to be legally incorporated. The legal form we are recommending is a Charitable Incorporated Organisation by Association. The legal stuff...
Charitable Incorporated Organisations (CIOs) • New legal form specifically created for charities • Corporate status and limited liability • Regulated by Charity Commission, not by Companies House • Model constitution produced by Charity Commission • As charity benefit from tax exemptions etc
CIO by Association • Membership elects Trustees • Membership can be wide or narrow body – define membership criteria in constitution • “It is the duty of each member of a CIO to advance the purposes of the CIO” [Charities Act 2011] • Limited liability, don't have to give financial guarantee • Members can be individuals or corporate bodies • Certain rights – such as amending constitution – reserved to members
CIO Trustees • Responsible for governance and oversight • Propose they are elected by members (but could be appointed by Trustees, nominated by external bodies, or ex officio) • May not derive personal benefit (e.g. be employed by the CIO) except in very specific circumstances
Charitable Purposes • Charities Act 2011: • (e) The advancement of citizenship or community development • (f) The advancement of arts, heritage, culture or science • Purposes are for the public benefit.
Next steps • Identify initial members and trustees • Agree a constitution • Online registration with Charity Commission (1 – 3 months) • At moment of registration, the CIO is formed as corporate body and registered charity • Phased introduction of registration – charities who expect >£5k income from 1st October
What should be in the FOAP constitution? • Aims/objectives, e.g. • To celebrate the diverse culture and heritage of the area • To provide opportunities for community development in Abbeyfield Park Values, e.g. • Inclusive • Environmentally conscious Your suggestions!