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Legal matters

How easy would it be to change/convert a Charity into a Social Enterprise

3 replies

Mycat · 28/05/2012 07:34

Is it even possible? Is it allowed?

Would it take ages?

Is it an established process?

OP posts:
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MrAnchovy · 28/05/2012 08:48

You cannot do this directly, instead you need to set up the social enterprise in whatever form and then wind up the charity, transferring the assets and operations to the social enterprise (assuming this is possible according to the constitution of the charity and relevant law).

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crabbyoldbat · 28/05/2012 15:17

A 'social enterprise' is not a legal entity, so becoming one rather depends on what you think the difference will be from just being a charity.

Many are charities and a company limited by guarantee (this means like a limited company, but without shareholders who take profits). The charity's management committee act as the board of directors (unpaid)

Some are Community Interest Companies (CICs) . These have one or more shareholders, who are limited to (if I remember correctly) around 10-20% of the profits, and other profits have to be used for 'community benefit'. What community benefits is set out in the legal papers when the CIC is drawn up. In this case, changing would be as MrAnchovy mentions above. A lot depends on what your existing charity memorandum and articles of association say.

There is also the option of being a co-opertive, and some other legal forms, but the two above are the main ones.

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meditrina · 28/05/2012 15:25

Here is the Charity Commission's page on closing or merging a charity. What tou need to do depends on what you own. It's probably best to write to them for advice on your specific intentions.

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