We are supporting a small group who are just about to become incorporated and have provide them with a Transfer agreement based on the on the one you have already provided for us. They have returned with the queries below and i would be grateful if you could let me have your thoughts.

I am assuming that the staff will still have their rights of transfer (TUPE) even though they have not had written agreements in place up to now.

A couple of queries:- "Contracts of employment for staff, lease or licence agreements". We're working on so do not have them in place to transfer when we incorporate. Does this matter?

"That all necessary consents have been acquired from third parties such as insurers, Ofsted, other contract holders, funders,and local authority" - we have informed all these parties by telephone and they have informed us what they require from us when we incorporate but we have not asked their consent to incorporate. Were we suppose to? Will this group need to get everything confirmed by third parties they have contacted?

Many thanks.

Dear Charlie

You have kindly provide us with a document that outlines the terms of a Transfer Agreement [for the conversion of an unincorporated association into a limited company].

Within this document it states that 'on the transfer date representatives of the association and of the company (and not the same people acting in both capacities) should get together and confirm that all the conditions of the Transfer Agreement have been met'.

In the case that we are dealing with, the three members of the management committee will become the three Directors of the incorporated organisation - so will effectively be the same group of people representing both? Your advice would be appreciated . Thank you

WE are working with a small group who are about to become a limited company by guarantee. We have advised them to produce an asset register in preparation for the transfer from unincorporated group to CLG. Do you have models of transfer agreement that may be appropriate in this case? Many thanks

Hello Charlie We havea document entitled 'Pros and Cons of Incorporation' that we had from you last year. It is dated 2004 so was wondering if there is anything more up-to-date or is this still valid info Thank you

I am on the board of an arts organisation and we are about to embark on major review of our mem and arts. Have heard about the new CIOs and wonder if we should wait and consider adopting this new structure. We want to know if you can transfer to CIO from Company Limited by Guarantee?

Dear Charlie Do we have any further information on when the CIO structure is likely to be available?

One of my CAF clients is a registered charity but not a company limited by guarantee and the treasurer is resisting all requests by the board to become incorporated saying that trustees have no liabilities as the charity has insurance etc. and that they should wait for the Charity Commission Incorporation act and legislation to come into force next year.

Can you advise as to a way forward. If they become a Co Ltd by Guarantee now will it be particularly onerous and expensive to incorporate into the new system in 2008 ?

What are the steps should they take at the moment to reassure trustees and provide security ?

Just wondering if there is any news about when when charities can incorporate with Charities Commission to become a charitable company.