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SAFE WORKING CONFERENCE LJUBLJANA, NOVEMBER 26, 2010. Stephen Pickard Lawyer Brussels Legal Advisor EFNA and EPDA Brussels. The Appropriate Legal Entity. What do you want to achieve? European Union platform Ease of management and control Bank accounts Tax deduction of donations. 2.
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SAFE WORKING CONFERENCELJUBLJANA, NOVEMBER 26, 2010 Stephen Pickard Lawyer Brussels Legal Advisor EFNA and EPDA Brussels
The Appropriate Legal Entity What do you want to achieve? • European Union platform • Ease of management and control • Bank accounts • Tax deduction of donations 2
The Appropriate Legal Entity Every country has its own solutions: • UK Charity • Belgian “not for profit” company (asbl) • Simple management • Cheap to set up • Bank accounts • Value added tax, or not 3
The General Assembly The General Assembly, and not the Board, is sovereign. • Many decisions are the exclusive domain of the General Assembly • General Assembly normally elects the Board • General Assembly can dismiss the Board • Importance of keeping the members informed and involved • Importance of Minutes – signed by President
Ordinary Board members President, Vice-President, Treasury and Secretary Co-opted members The Board
Roles of the Board Day-to-day management Strategy and direction Organise the work The Board
Importance of a written Mission Statement Proposed by Board, adopted by General Assembly Importance of written objectives and goals Guidance for day-to-day work The Board
The Board areas of collective responsibility Strategic Managerial Financial Legal Reputational The Board
Potential for Conflicts of Interest for Board members who : • Have been nominated by another organisation, possibly with a competing mission • Provide professional services to the organisation • Provide commercial products to the organisation • Are beneficiaries of the organisation’s services
To make all this happen it is necessary to address • Your Board’s strengths and weaknesses/Board performance • What skill sets are needed on the Board • What skills are lacking • Role descriptions for the Board and for key volunteers • Recruitment of Board members and key volunteers with the specific skills needed
Thank you Stephen Pickard Avocat Pickard sprl Rond-Point Schuman 9 Box 9 1040 Brussels Tel +32 2 33 37 43 Fax +32 233 37 40 spickard@spickard.eu Particular thanks to Linda Laurence & Associates for their input in the preparation of this presentation.