The Future of the Friends of Abbeyfield

Park

The legal stuff...

To hold a lease, enter into contracts, employ staff, apply for some forms of funding etc, FOAP needs to be legally incorporated.

The legal form we are recommending is a Charitable Incorporated Organisation by Association.

Charitable Incorporated Organisations (CIOs)

● New legal form specifically created for charities

● Corporate status and limited liability● Regulated by Charity Commission, not by

Companies House● Model constitution produced by Charity

Commission● As charity benefit from tax exemptions etc

CIO by Association

● Membership elects Trustees● Membership can be wide or narrow body – define

membership criteria in constitution● “It is the duty of each member of a CIO to advance

the purposes of the CIO” [Charities Act 2011]● Limited liability, don't have to give financial guarantee● Members can be individuals or corporate bodies● Certain rights – such as amending constitution –

reserved to members

CIO Trustees

● Responsible for governance and oversight● Propose they are elected by members (but

could be appointed by Trustees, nominated by external bodies, or ex officio)

● May not derive personal benefit (e.g. be employed by the CIO) except in very specific circumstances

Charitable Purposes

Charities Act 2011:

(e) The advancement of citizenship or community development

(f) The advancement of arts, heritage, culture or science

Purposes are for the public benefit.

Next steps

● Identify initial members and trustees● Agree a constitution● Online registration with Charity Commission

(1 – 3 months)● At moment of registration, the CIO is formed

as corporate body and registered charity● Phased introduction of registration – charities

who expect >£5k income from 1st October

What should be in the FOAP constitution?

Aims/objectives, e.g.● To celebrate the diverse culture and heritage of

the area● To provide opportunities for community

development in Abbeyfield Park

Values, e.g.● Inclusive● Environmentally conscious

Your suggestions!