The Future of the Friends of Abbeyfield Park
The legal stuff... To hold a lease, enter into contracts, employ staff, apply for some forms of funding etc, FOAP needs to be legally incorporated. The legal form we are recommending is a Charitable Incorporated Organisation by Association.
Charitable Incorporated Organisations (CIOs) ● New legal form specifically created for charities ● Corporate status and limited liability ● Regulated by Charity Commission, not by Companies House ● Model constitution produced by Charity Commission ● As charity benefit from tax exemptions etc
CIO by Association ● Membership elects Trustees ● Membership can be wide or narrow body – define membership criteria in constitution ● “It is the duty of each member of a CIO to advance the purposes of the CIO” [Charities Act 2011] ● Limited liability, don't have to give financial guarantee ● Members can be individuals or corporate bodies ● Certain rights – such as amending constitution – reserved to members
CIO Trustees ● Responsible for governance and oversight ● Propose they are elected by members (but could be appointed by Trustees, nominated by external bodies, or ex officio) ● May not derive personal benefit (e.g. be employed by the CIO) except in very specific circumstances
Charitable Purposes Charities Act 2011: (e) The advancement of citizenship or community development (f) The advancement of arts, heritage, culture or science Purposes are for the public benefit.
Next steps ● Identify initial members and trustees ● Agree a constitution ● Online registration with Charity Commission (1 – 3 months) ● At moment of registration, the CIO is formed as corporate body and registered charity ● Phased introduction of registration – charities who expect >£5k income from 1st October
What should be in the FOAP constitution? Aims/objectives, e.g. ● To celebrate the diverse culture and heritage of the area ● To provide opportunities for community development in Abbeyfield Park Values, e.g. ● Inclusive ● Environmentally conscious Your suggestions!