Collaborative Working Andrew Studd Charity and Social Business Team Russell-Cooke Solicitors 11th October 2016

Context Spectrum of collaborative working arrangements New entity created or Contractual arrangements Can you do this? Constitution Objects – are they all aligned? Powers Trustees Primary purpose? Trading or fundraising? Charity Commission guidance

New Entity Partner New structure created Governed by a set or rules or a constitution – a contract between members

Accountable body Lead body Partner Funding Delivery of projects

Risk Management Assumption and management of risk – how? Contracts, MOUs, heads of terms Legally binding or not? What are the risks in this instance? Fundraising Control of charitable funds Ultimate responsibility Identifiable [charitable] benefits and outputs? Due diligence on partners? Management and decision making Communication – a living relationship Dispute resolution Exit

Contract Non performance – what are the real remedies? Accountable Body and Sub Contractor model - contractual “joint venture” Primary responsibility remains for lead body Ability to enforce obligations on partners New Entity Incorporated or unincorporated? New rules (contract) Non performance – what are the real remedies?

Charity and Social Business Team Contact Details Andrew Studd Charity and Social Business Team 020 8394 6414 andrew.studd@russell-cooke.co.uk