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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 />

• they lend themselves well <strong>to</strong> democratic arrangements at board<br />

level and open membership for communities and charities<br />

• they can also be designed <strong>to</strong> be highly secure, undemocratic<br />

organisations which offer protection <strong>to</strong> <strong>trading</strong> assets<br />

• they are cheap <strong>to</strong> set up and cheap <strong>to</strong> run<br />

• they are legally and publicly accountable, which tends <strong>to</strong><br />

encourage good practice in their activities.<br />

Disadvantages:<br />

• companies limited by guarantee are not ideal structures<br />

for managing streamlined <strong>trading</strong> activities – for example,<br />

arrangements for company memberships and board<br />

appointments can be cumbersome<br />

• their flexibility can lead <strong>to</strong> confusion or disagreements about<br />

how they ought <strong>to</strong> be structured and run.<br />

• the possible additional costs of having annual accounts<br />

prepared by a qualified individual<br />

• special arrangements (such as those provided by community<br />

interest companies) are needed <strong>to</strong> enable assets <strong>to</strong> be ‘locked<br />

in’ for community benefit and for commercial partnership<br />

arrangements with other organisations<br />

• they do not on their own offer special tax advantages which<br />

social enterprise organisations would like (unlike charitable<br />

incorporated organisations and companies limited by guarantee<br />

with charitable status)<br />

• requirements for annual returns and filing annual accounts<br />

mean there is a small amount of extra bureaucracy, this is<br />

backed up by an aggressive system of au<strong>to</strong>matic fines for late<br />

filing of required reports<br />

• the requirement that the names of trustees, and the accounts,<br />

are available for public inspection.<br />

• the sense of unease which some committee members in small<br />

organisations mis<strong>guide</strong>dly feel about being called ‘direc<strong>to</strong>rs’ or<br />

about their ‘legal responsibilities’.<br />

CICs – advantages and disadvantages<br />

Community Interest Companies are described in detail in section<br />

4.5. But it is useful <strong>to</strong> set their advantages and disadvantages<br />

alongside conventional companies limited by guarantee which<br />

they are most likely <strong>to</strong> be compared with.<br />

83

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