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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 />

4: Legal and governance structures<br />

It is quite common for steering groups and boards <strong>to</strong> devote more nervous energy <strong>to</strong> discussing the future legal structure<br />

of their organisation than <strong>to</strong> planning the business they intend <strong>to</strong> undertake. And there seems <strong>to</strong> be little connection<br />

between the length of time devoted <strong>to</strong> the subject and confidence that the structure is the right one for<br />

their circumstances.<br />

In the case of one Welsh charity there was a lengthy debate over whether <strong>to</strong> establish a wholly owned subsidiary<br />

<strong>trading</strong> company <strong>to</strong> undertake business activities and look after the charity’s building assets, or <strong>to</strong> take advantage<br />

of the prestigious new Community Interest Company structure. Enthusiasm for the CIC won the day, and one was<br />

eventually set up. Unfortunately, the process had taken so long that the original objectives were overlooked at the<br />

registration stage and the CIC was accidentally established as largely independent of the charity. The full implications<br />

of the blunder <strong>to</strong>ok a while <strong>to</strong> emerge. The charity was left with no assets of its own, and the terms of a building<br />

redevelopment grant meant that the mistake could not be corrected for several years.<br />

It can be better <strong>to</strong> keep arrangements as flexible as possible so they can be adjusted as circumstances change or as<br />

mistake become apparent.<br />

72

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