In setting up a CIC we have met with a local Solicitor in order to ask him to set up the company rather than just downloading the appropriate forms from the CIC Regulators website. He has quoted £500 to do this, is it wise to employ a Solicitor or is it acceptable to do it without his assistance. Also we need some help in drawing up a Lease Agreement with the Landlord would a Solicitor be expected to cover this within the remit to set up the CIC.
One of our voluntary groups has received some information from the Charity Commission helpline on unincorporated groups. What they heard from the advcie was that if their group and has a turnover in excess of £5000 they will need to apply in writing to the Charity Commission letting them know and then the CC will then tell them if they need to register as a charity or not. This would appear to suggest that all of the small unincorporated groups with whom we work will need to do this as they all have turnover in excess of £5000 even if they don't want to register as a charity.
My questions are:
Is this a legal requirment for those groups who have this turnover?
How does this sit with groups who are Community Interest Companies?
Thank you
We're working with a group of charities (four companies limited by guarantee, the other simply a charity) who are going to work closer to deliver broadly similar services across a geographical area. The governing body (in commercial terms you might call it a holding company) will be a charity, company limited by guarantee. The Board of Directors will comprise one Trustee/Rep from the constituent bodies and others recruited from business etc. The staff of the "holding company" at this point in time will be very small.
They have consulted a solicitor about writing tailor made Mem and Arts for the new company. However, having looked at the Charities Commission Model, it would seem that this could be used - and costly solicitors fees avoided.
Is this a naive view and is it feasible?
