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A guide to third sector trading - WCVA

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It’s an idea, but is it business? A <strong>guide</strong> <strong>to</strong> <strong>third</strong> sec<strong>to</strong>r <strong>trading</strong><br />

1: Getting<br />

started<br />

2: First steps 3: Business<br />

planning<br />

4: Legal and<br />

governance<br />

5: Funding<br />

and<br />

resourcing<br />

6: Financial<br />

controls<br />

7: Managing<br />

growth<br />

8: Management<br />

and<br />

governance<br />

9: Social<br />

enterprise<br />

10: Sources<br />

of support<br />

• issuing a guarantee<br />

• making a donation.<br />

Aiming for profit: The Charity Commission points out that a<br />

<strong>trading</strong> subsidiary should become financially viable as soon as<br />

possible.<br />

• Where financial viability is not anticipated within two years<br />

of operation, ‘careful consideration’ should be given <strong>to</strong> the<br />

appropriateness of undertaking the planned <strong>trading</strong> activity.<br />

• Trading subsidiaries of charities are expected <strong>to</strong> be completely<br />

financially self-sustaining within five years. After this time they<br />

should not need loan finance from the parent charity in order<br />

<strong>to</strong> operate.<br />

General requirements for investments: Charities need <strong>to</strong> be<br />

particularly careful if they are loaning money <strong>to</strong> or investing in the<br />

<strong>trading</strong> activity.<br />

• Before they invest their charity’s money in a <strong>trading</strong> subsidiary,<br />

trustees should confirm that:<br />

− the charity has powers identified in its memorandum and<br />

articles of association which specifically permit investment in a<br />

<strong>trading</strong> company that it owns<br />

− the investment is not excessively speculative and risky<br />

− the investment is in line with the charity’s own current<br />

investment policy.<br />

• Investments can only be regarded as made for the benefit of the<br />

charity if they are commercially sound, ie they must be secure<br />

and carry a fair rate of return.<br />

• Charities should keep records of all investment decisions<br />

including why decisions were made. This is because HM<br />

Cus<strong>to</strong>m and Excise could ask <strong>to</strong> see business plans and cashflow<br />

forecasts for the <strong>trading</strong> subsidiary and could remove the<br />

charity’s own tax exemption unless they are satisfied that the<br />

investment was made:<br />

− for charitable purposes only<br />

− for the benefit of the charity and<br />

− not for tax avoidance.<br />

Loans:<br />

• The advice of the Charity Commission is that an investment in<br />

the <strong>trading</strong> arm by the parent charity should normally take the<br />

form of secured loans on market terms.<br />

125

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