AnonyMouse_3139 Posted June 28, 2013 Posted June 28, 2013 http://www.bis.gov.uk/cicregulator/forms-introduction/index/converting-charity-to-cic http://www.charitycommission.gov.uk/About_us/About_the_Commission/memocic.aspx http://shepherdscothealinggarden.ning.com/profiles/blogs/charity-or-community-interest http://www.elcvsnetwork.org.uk/resources/links/documents/Charitymodelsandchangingstatus.pdf Theres a few to start with, the last one gives a brief overview of the choices for a charity to change to. Dont ask me why I've never googled before!!
AnonyMouse_7120 Posted June 29, 2013 Posted June 29, 2013 Haha read yor 3rd link Rea as 'mutiny interest' ......and thought yep that sounds like the best idea
AnonyMouse_7356 Posted June 29, 2013 Posted June 29, 2013 Right we have transferred from a charity to a Unincoperated Charity Limited by guarantee. This means that any committee member is only reliable for up to £1 if group was to fold for any reason. This is fairly new charity type with the charity commission. We had to take this step rather than going to a community interest group as we had too much in funds in bank account (though not a great deal) and meant our equipment etc went to a similar charity. The constitution was also changed in line with this too. Charity commission accepted all of this and we are now in the final process of transferring over to a community interest group so no more committee for us. All of these changes were done with the support of our sustainability team at our local education authority and in line with a solicitor too ( solicitor did cost but not massive amounts)
AnonyMouse_22106 Posted June 29, 2013 Posted June 29, 2013 TMG told me that volunteers will be free but that they will be charging an admin fee of 12.60. When I said so it's not free then they said yes it is free as the fee is just for admin! Ofsted were adamant that committee members were not volunteers as they were a 'registered body' and therefore would incur a charge of £52+. Perhaps someone else could contact them and see if they get a different story (wouldn't surprise me) We managed to get a Chair, (who is a criminal defence barrister, a breastfeeding councillor and therefore already has two enhanced CRB's) a Sec (who is a probation officer so has a CRB & another enhanced CRB through her church volunteer work) & a Treasurer (who is a middle school teacher & also has an enhanced CRB) But we are now going to have to pay best part of £200 to get them all done again. I'm fuming over this, it's all been made so b****y complicated that no one seems to know what is going on and as usual we are left to find out for ourselves what is supposed to be going on! Just who decided that committee weren't volunteers must be ................. well I cant think of what else to say. Except our newly elected Chair is going to 'try and get to the bottom of these ridiculous assumptions' (her words) and find out why they have made them. I am about to start the process next week and send them EY2 forms. Watch this space then! Seeing as at the start of this post you said you doubted getting any committee members then you've done really well - what did you do to reel them in?
Guest Posted June 29, 2013 Posted June 29, 2013 I also found the PLA to be less than helpful. I approached them at an education exhibition to buy the latest policy handbook a few years ago. They asked if I was the chairperson and when I explained I was he deputy manager they told me I ought to be letting my committee sort the updates to the policies! I tried to explain that we were lucky to have a committee at all, and none of them felt equipped, experienced or qualified enough to update the policies, but my protestations fell on deaf ears. I sometimes wonder if they operate in the real world when it comes to committees.
AnonyMouse_30128 Posted June 29, 2013 Posted June 29, 2013 Right we have transferred from a charity to a Unincoperated Charity Limited by guarantee. This means that any committee member is only reliable for up to £1 if group was to fold for any reason. This is fairly new charity type with the charity commission. if you are unicorporated then this means you are a sole trader which would result in the liability being assigned to one person....incorported mens you are part of a corporation i.e. a group . This thing about the PSLA taking your equipment is also a bit of a misnomer ...i know it keeps being quoted. The PSLA do not want garages full of equipment ...it is there as a protection if you go out of business. You can transfer assets to a company without difficulty . So if i went out of business tomorrow i could donate my resources to a charity of my liking as long as i tell the psla that i am doing so (and they agree that it is ok!) It is about protecting the assets not enforcing restrictions.
AnonyMouse_20948 Posted June 29, 2013 Posted June 29, 2013 Rea, the reason that we have so many committee members is that they treat it as a social group - they really only do fundraising (and that is very necessary) and actually don't involve themselves in anything else - guess who does all the real work? The Ofsted nominated person does CRB checks and that is about it.... We have a great finance person (paid) so the treasurer doesn't have to do anything and the secretary takes the minutes from the increasingly few meetings. I, too, would love to change from being committee run, so that the power (what power?) is with me and my lovely staff of 3 but it just seems so much work when we're already so busy. Jo
AnonyMouse_31752 Posted June 29, 2013 Posted June 29, 2013 I just think the whole process is bonkers (polite word) essentially who ever makes these rules I would love them to come and try and get a committee together and to stay in place for longer than a year and to do the job they are supposed to. It is hard enough to get people in very busy lives to take on more without proper support and training. Then if you can accomplish this to get them to stay longer than a year to try and give some stability and continuity. If you are lucky enough to have a supportive and hard working committee (which I must say I have but they have to stand down in October with no one yet to replace them) and they would be willing to stay on for as long as you need them (or at least several years) to then have to say really sorry you have to step down now because someone somewhere decided that you have stood for long enough, even though you don't want to, the pre-school don't want you to and there is no one to replace you. Now not only that but when everybody jumps ship every year we now have to pay £52+ for each person for DBS check and whats more they will tell you how many people you need to have on committee so it makes it even more expensive... well it just leaves me lost for words!!! I wonder sometimes if they actually want us to succeed and remain open or if it is a way of getting voluntary run pre-schools phased out without actually having to look like bad guys. 3
AnonyMouse_30128 Posted June 29, 2013 Posted June 29, 2013 You are able to change your constitution to keep people on (as long as you have the right ratios of members) we did this many years ago and informed the CC and the PSLA.... no problem.
AnonyMouse_31752 Posted June 29, 2013 Posted June 29, 2013 well we have tried to change our constitution and are meeting with much resistance from charity commission we are plugging away but to be honest it doesn't seem straight forward :-( for whatever reason they are not happy and are making it as difficult as possible
AnonyMouse_7356 Posted June 29, 2013 Posted June 29, 2013 Maybe we're incoperated then as it is a group of people at present but soon to be the staff team taking over x
AnonyMouse_30128 Posted June 29, 2013 Posted June 29, 2013 well we have tried to change our constitution and are meeting with much resistance from charity commission we are plugging away but to be honest it doesn't seem straight forward :-( for whatever reason they are not happy and are making it as difficult as possible what are they having issue with?
AnonyMouse_31752 Posted June 29, 2013 Posted June 29, 2013 basically the issues is simply we want to change constitution and they don't seem to want to let us. The chair tried and then many months of toing and froing on what information the needed in order for us to so this (as I simply voting it in at a committee meeting was not satisfactory enough) they threw it back at us and said no you cant at least not yet. We then looked at what they were arguing against put it right and tried again and they sent an 'as clear as mud' email back that basically seemed to say three different things all that contradicted the last point, leaving us wondering if we had indeed changed constitution or not. The chair has tried again and we are waiting to hear.
AnonyMouse_7356 Posted June 29, 2013 Posted June 29, 2013 We struggled to change ours and had similar issues with charity commissions. Our current one was wrote by a lawyer though and was accepted straight away. Not sure if that is because with changed to a limited by guarantee though
AnonyMouse_12805 Posted July 1, 2013 Author Posted July 1, 2013 We changed ours, twice, many years ago and both times sent the changes off and never heard back so assumed all was ok.
AnonyMouse_12805 Posted July 1, 2013 Author Posted July 1, 2013 Seeing as at the start of this post you said you doubted getting any committee members then you've done really well - what did you do to reel them in? I have no idea- we had around 8 replies back from parents with only one saying they were attending and then another 5/6 turned up on the night with three of them offering themselves to do those roles! However all are leaving next year again. Rea- thanks for those links 1
AnonyMouse_12805 Posted July 1, 2013 Author Posted July 1, 2013 Sazzj- did this mean you transferred your status rather than closing down and re opening i.e. you did not have to re register with ofsted or open a new bank a/c
AnonyMouse_7356 Posted July 2, 2013 Posted July 2, 2013 Yea we are transferring our status. We have to reregister with Ofsted too but old name/committee will rub alongside new new/status until all transferred over. As far as I am aware bank account stays as it is and names just change on it 1
AnonyMouse_31752 Posted July 4, 2013 Posted July 4, 2013 Maybe we're incoperated then as it is a group of people at present but soon to be the staff team taking over x Hi SazzJ can you just clarify please how did you change form charity status? what was involved? and are you now a community group or what? sorry we are really looking at wanting to change but not sure how and don't want to jump from the frying pan into the fire!!!
AnonyMouse_19762 Posted July 4, 2013 Posted July 4, 2013 Yea we are transferring our status. We have to reregister with Ofsted too but old name/committee will rub alongside new new/status until all transferred over. As far as I am aware bank account stays as it is and names just change on it Congratulations and good luck with it all! :1b
AnonyMouse_7120 Posted July 4, 2013 Posted July 4, 2013 Hi sazzj......when you say until 'the staff team takes over' who will now own any assets that were under old set up and who will be responsible ? Sorry if they seem like daft questions
AnonyMouse_7356 Posted November 2, 2013 Posted November 2, 2013 Sorry for the delay. The assests are and will remain the communities. As our advisor told us we are just baby sitting the group for the community but funds remain in the setting.
AnonyMouse_7356 Posted November 2, 2013 Posted November 2, 2013 We transferred from a charity to a Charity limited by guarantee. This allowed the funds to stay in the group. From there we then transferred to a community interest group with all assests and funds staying in the group.
AnonyMouse_31752 Posted November 6, 2013 Posted November 6, 2013 Hi SazzJ we are struggling at the moment we had a lot of interest (well when I say a lot I mean five parents but its all relative) but slowly but surely committee members are stepping down and they have only been there three weeks! How did you go about changes to community interest group? where could I get information on this?
AnonyMouse_3139 Posted November 6, 2013 Posted November 6, 2013 Hi SazzJ we are struggling at the moment we had a lot of interest (well when I say a lot I mean five parents but its all relative) but slowly but surely committee members are stepping down and they have only been there three weeks! How did you go about changes to community interest group? where could I get information on this? The PLA have information for larger businesses with advice for smaller ones coming next year I believe, I'm eagarly waiting for it! 2
AnonyMouse_13453 Posted November 6, 2013 Posted November 6, 2013 I hope they get a wriggle on then! 1
AnonyMouse_3139 Posted November 8, 2013 Posted November 8, 2013 (edited) Just had our AGM. Seven new committee members.............>>>>>>> I'll be down here on the floor if anyone wants me Edited November 8, 2013 by Rea 7
Guest Posted November 8, 2013 Posted November 8, 2013 Hurrah! I'm guessing you didn't tell them exactly what they were letting themselves in for then! Seriously, well done though.
AnonyMouse_11396 Posted November 8, 2013 Posted November 8, 2013 Well done Rea fantastic, onwards and upwards. Ours is next week so keeping fingers crossed it goes well too.
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