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

2. 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

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

4. Accountable body
Lead body
Partner
Funding
Delivery of projects

5. 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

6. 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?

7. Charity and Social Business Team
Contact Details
Andrew Studd
Charity and Social Business Team