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INDUSTRIAL & PROVIDENT SOCIETIES:

THE END OF THE ROAD

    For over 150 years, social enterprises have had the option of registering under the Industrial & Provident Societies Acts rather than under the better-known Companies Acts. There is some dispute about how the name "Industrial & Provident" came about, perhaps the best explanation being that such societies were industrial - in that they engaged in business or trade - and provident, in that they offered their (mostly working class) members a relatively safe and sympathetic opportunity to invest in enterprises that were of benefit to their local communities.
     In recent years the name has largely been considered anachronistic and a barrier to the take-up of this particular legal form.
    Anyway, the historic name for such societies has just been abolished, which probably won't cause too many people to shed a lot of tears. The Co-operative and Community Benefit Societies and Credit Unions Bill received Royal Assent on 18 March. One of the key things the new Act does is to re-name existing legislation retrospectively, thus:
Industrial and Provident Societies Act 1965
becomes
Co-operative and Community Benefit Societies and Credit Unions Act 1965

Industrial and Provident Societies Act 1967
becomes
Co-operative and Community Benefit Societies and Credit Unions Act 1967
Friendly and Industrial and Provident Societies Act 1968
becomes
Co-operative and Community Benefit Societies and Credit Unions Act 1968

     Etc. So it will no longer be correct to describe an organisation as an “Industrial and Provident Society” – it should be referred to either as a co-operative, or as a community benefit society, or as a credit union.

    Meanwhile, those of you who have been waiting with bated breath for the new legal form the Charitable Incorporated Organisation, originally promised in 2008 but constantly delayed - you'll have to keep waiting as its introduction has again been put back. It's now expected some time in 2011. But last year it was promised in April 2010. And before that ...

 
 

CHARLIE CATTELL

I have been advising and assisting social enterprises, charities, community groups and all manner of not-for-profit organisations for over 25 years. My specialist areas are legal structures, governance, and regulatory issues.

In practice, my work commonly involves all or some of the following:

  • Explaining in non-legal language what a group's options are in terms of legal structure, and helping them decide which to adopt;
  • Drafting constitutions, articles of association, special resolutions, partnership agreements, trust deeds and all manner of governing documents;
  • Analyzing and explaining existing constitutions;
  • Advising on the availability and impact of charitable status, including the power to trade;
  • Designing suitable legal structures for mergers, consortia and collaborative ventures;
  • Setting up trading subsidiaries for charities;
  • Setting up charitable arms for trading social enterprises;
  • Amending, up-dating and improving legal structures;
  • Re-writing archaic documents in plain English;
  • Undertaking constitutional health checks;
  • Advising on alternative governance models when an organisation's structure is no longer fit for purpose.

I offer comprehensive registration services for companies, charities and community interest companies (CICs), and provide any documentation needed for other purposes such as passing a special resolution to amend a company's articles. Everything comes with clear instructions and guidance.

In additional to technical legal issues, I also advise groups on essential governance issues such as:

  • Ownership
  • Management
  • Accountability
  • Decision-making
  • Managing the transition from grant dependency to self-sustainability

.... matters that frequently are given insufficient attention when an organisation's legal structure is under consideration.

 

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© Charlie Cattell 2006