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Setting up Your Social Enterprise


                   Growing a Social Enterprise in the West Midlands is
                   partially funded by the European Regional
                   Development Fund
Housekeeping


Making your visit safe and enjoyable for all.
Housekeeping

          Toilets are located in the reception area to the left of the exit
          / entrance doors.



          If the Fire Alarm sounds – please make your way to the
          far side of the pay and display car park.



          Smoking is not allowed in any part of the SWEDA building.
          If you wish to smoke you can do so at the side of the building
          nearest the car park.

          Please switch off your mobile phones or set them to silent.
Group Introductions
Scoping Your Project
Scoping Your Project




   1                    2   3                  4




Social Impact                              Business Interest


           Community            Individual / Small Group
Scoping Your Project
Why is your project needed?
• Make sure you mention the problems or issues your group aims to address

What evidence do you have to show to your project is needed, how have you consulted
with people who will benefit from your project?
• Carryout surveys
• Lists of people who want to get involved
• Researching any statistics about people who would benefit from your project

How will you promote and publicise your project?
• Make sure that people from different background's know about your project and how to
  benefit from it

How will your project activity seek to involve as wide a range of people as possible?
• If you have identified any groups who could benefit but are less likely to attend explain
  why and how you plan to tackle it.
Scoping Your Project

What is the change or difference your project is going to make?
Your project must meet at least one of the outcomes to be considered for a grant.

•   People have better chances in life – with better access to training and development
    to improve their life skills
•   Stronger communities – with more active citizens working together to tackle their
    problems
•   Improved rural and urban environments – which communities are better able to
    access and enjoy
•   Healthier and more active people and communities
Developing an effective Board/
Committee
The Role of the board / committee /
steering group


•   May be given a title such as committee, management committee, board of
    managers, trustees, or governors

•   Whatever their title if they are in day to day control of the company they are, in law
    directors of that company

•   They may set up sub-committees, etc. and delegate powers to them, and may give
    particular „directors‟ special responsibilities, such as treasurer, membership
    secretary, etc.

•   They do not own the company as there are no shareholders. It is not possible to own a
    company limited by guarantee in the same way that a company with a share capital is
    owned by its shareholders.
Choosing your legal structure
Choosing your legal structure
Charities

• Are set up for a charitable purpose
• Are not profit-making – so any surplus must be used only to further the organisation's purposes
• Are independent

They can be an unincorporated association, a trust or a company limited by guarantee.
Each has a different governance structure – a charity that is formed as a registered company will be governed by a
board of directors, a charity that is set up as a trust will be governed by a board of trustees.

Every charity has to have a governing document that sets out the charity's objects and how it is to be administered.

To register as a charity, an organisation must have purposes that are defined under law as charitable.
These include the relief of financial hardship, the advancement of education, the advancement of religion and other
purposes that benefit the community.

Once registered, charities have to obey a number of rules, which include regulations covering trustees, accounts,
finances and management.

Those that are registered as companies have to comply with company law too.

A registered charity is not allowed to have political objectives or take part in political lobbying.
Choosing your legal structure
Community interest companies – CIC‟s

The CIC model is designed to provide an effective legal form for enterprises which aim to
provide benefit to the community or to trade with a “social purpose”, rather than to make a
profit.

•   A CIC may be limited by shares or by guarantee
•   CIC must be registered both with Companies House and the CIC Regulator, they need
    the same incorporation documentation as other companies registering with Companies
    House, in addition, they must supply a declaration that the company is not a charity.

•   Must submit a Community Interest statement and an annual Community interest Report
•   Subject to an asset lock
•   Must use CIC in title
Choosing your legal structure


CIC Limited By Shares
• Can issue shares and pay dividends
• Investment can be generated for the enterprise through issuing shares
• Liability of the shareholder is limited to the amount they have paid
• Subject to a dividend cap

CIC Limited By Guarantee
• There are no shares – hence there are no shareholders
• The members of a company limited by guarantee are bound by a guarantee in the
  companies articles of association, which requires them to pay the companys debts up to
  a fixed sum – usually £1.
Guide to Registration & Costs
Guide to registration
Guide to registration




Model Articles for private companies ltd by
guarantee.
Guide to registration
Registration of a CIC

This can be done through Companies House directly
• All forms are downloaded and completed
• Not very user friendly if you have never registered a company before
• Costs £35

OR

Use a third party
• Very easy process, mainly tick boxes
• Costs of up to £250

www.anewbusiness.co.uk
www.companywarehouse.co.uk
www.companiesmadesimple.co.uk
Case Study
Case Study - Big Lemon
Case Study – Contract Links
Questions & Answer's




                 What next ?

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Setting up your social enterprise

  • 1. Setting up Your Social Enterprise Growing a Social Enterprise in the West Midlands is partially funded by the European Regional Development Fund
  • 2. Housekeeping Making your visit safe and enjoyable for all.
  • 3. Housekeeping Toilets are located in the reception area to the left of the exit / entrance doors. If the Fire Alarm sounds – please make your way to the far side of the pay and display car park. Smoking is not allowed in any part of the SWEDA building. If you wish to smoke you can do so at the side of the building nearest the car park. Please switch off your mobile phones or set them to silent.
  • 6. Scoping Your Project 1 2 3 4 Social Impact Business Interest Community Individual / Small Group
  • 7. Scoping Your Project Why is your project needed? • Make sure you mention the problems or issues your group aims to address What evidence do you have to show to your project is needed, how have you consulted with people who will benefit from your project? • Carryout surveys • Lists of people who want to get involved • Researching any statistics about people who would benefit from your project How will you promote and publicise your project? • Make sure that people from different background's know about your project and how to benefit from it How will your project activity seek to involve as wide a range of people as possible? • If you have identified any groups who could benefit but are less likely to attend explain why and how you plan to tackle it.
  • 8. Scoping Your Project What is the change or difference your project is going to make? Your project must meet at least one of the outcomes to be considered for a grant. • People have better chances in life – with better access to training and development to improve their life skills • Stronger communities – with more active citizens working together to tackle their problems • Improved rural and urban environments – which communities are better able to access and enjoy • Healthier and more active people and communities
  • 9. Developing an effective Board/ Committee
  • 10. The Role of the board / committee / steering group • May be given a title such as committee, management committee, board of managers, trustees, or governors • Whatever their title if they are in day to day control of the company they are, in law directors of that company • They may set up sub-committees, etc. and delegate powers to them, and may give particular „directors‟ special responsibilities, such as treasurer, membership secretary, etc. • They do not own the company as there are no shareholders. It is not possible to own a company limited by guarantee in the same way that a company with a share capital is owned by its shareholders.
  • 11. Choosing your legal structure
  • 12. Choosing your legal structure Charities • Are set up for a charitable purpose • Are not profit-making – so any surplus must be used only to further the organisation's purposes • Are independent They can be an unincorporated association, a trust or a company limited by guarantee. Each has a different governance structure – a charity that is formed as a registered company will be governed by a board of directors, a charity that is set up as a trust will be governed by a board of trustees. Every charity has to have a governing document that sets out the charity's objects and how it is to be administered. To register as a charity, an organisation must have purposes that are defined under law as charitable. These include the relief of financial hardship, the advancement of education, the advancement of religion and other purposes that benefit the community. Once registered, charities have to obey a number of rules, which include regulations covering trustees, accounts, finances and management. Those that are registered as companies have to comply with company law too. A registered charity is not allowed to have political objectives or take part in political lobbying.
  • 13. Choosing your legal structure Community interest companies – CIC‟s The CIC model is designed to provide an effective legal form for enterprises which aim to provide benefit to the community or to trade with a “social purpose”, rather than to make a profit. • A CIC may be limited by shares or by guarantee • CIC must be registered both with Companies House and the CIC Regulator, they need the same incorporation documentation as other companies registering with Companies House, in addition, they must supply a declaration that the company is not a charity. • Must submit a Community Interest statement and an annual Community interest Report • Subject to an asset lock • Must use CIC in title
  • 14. Choosing your legal structure CIC Limited By Shares • Can issue shares and pay dividends • Investment can be generated for the enterprise through issuing shares • Liability of the shareholder is limited to the amount they have paid • Subject to a dividend cap CIC Limited By Guarantee • There are no shares – hence there are no shareholders • The members of a company limited by guarantee are bound by a guarantee in the companies articles of association, which requires them to pay the companys debts up to a fixed sum – usually £1.
  • 17. Guide to registration Model Articles for private companies ltd by guarantee.
  • 18. Guide to registration Registration of a CIC This can be done through Companies House directly • All forms are downloaded and completed • Not very user friendly if you have never registered a company before • Costs £35 OR Use a third party • Very easy process, mainly tick boxes • Costs of up to £250 www.anewbusiness.co.uk www.companywarehouse.co.uk www.companiesmadesimple.co.uk
  • 20. Case Study - Big Lemon
  • 21. Case Study – Contract Links
  • 22. Questions & Answer's What next ?