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COMPANIES: TIME FOR REVIEW

A new Companies Act was passed in 2006,and many of the key changes introduced by the Act have now been implemented.

Any organisation that is registered as a company should review its memorandum and articles of association to ensure they conform with the new Act. A problem is that some provisions of the 2006 Act apply whatever the articles say, while others can be over-ridden or modified by the articles. Without a thorough understanding of the new Act, it will be hard to tell just which rules now apply, and a company may find itself inadvertently in breach of the law.

I can undertake a through review and upgrade of your company's mem and arts to make sure they conform with current legislation.

In the case of a charitable company, I will also make sure the mem and arts take due account of the Charities Act 2006.

 
 

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, company mem and arts, partnership agreements, trust deeds and all manner of governing documents;
  • Analysing and explaining existing constitutions;
  • Advising on the availability and impact of charitable status, including the power to trade;
  • Setting up trading subsidiaries for charities;
  • Setting up charitable arms for trading social enterprises;
  • Converting organisations from one legal status to another;
  • 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 mem and arts. 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.

I can also undertake or contribute to business plans.

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© Charlie Cattell 2006