We are a Trust (Company Limited by Guarantee) and a registered charity which has as its prime objective the restoration of a canal. We are currently negotiating to purchase some historic canal buildings (permitted by the Company’s objects). This will either be funded initially by a 70% loan or a 100% loan with a local authority guarantee. Whichever way, the full amount will be required to be raised within 3 years (possibly the 30% deposit almost immediately).

It is considered that we might set up an associated entity which will be able to issue shares (many members of the existing Trust have indicated a willingness to support such an approach). What is envisaged is that the existing Trust acquires the buildings. As the new entity sells shares or raises funds in other ways, the ownership would pass to the new entity in stages and this part would then be leased back to the existing Trust. At the end of the three year period the new entity should own 100% of the building, leased to the existing Trust (or possibly in part to other 'operators' of specific enterprises).

The buildings may be used for a combination of Trust offices, education centre, museum, community rooms, holiday flat, café etc. It is thought that the new entity could be a Community Interest Company (CIC), with an asset lock to the existing Trust? Is this scenario likely to be acceptable to the CIC Regulator?

Do you have any advice on wording of the objects of the new CIC? Is there an alternative better entity type?

If this scenario is put into effect, can the rent for the lease be a ‘peppercorn’? Or if an ‘economic’ rent can any profit (after a dividend, if any) be gifted to the existing Trust tax free?