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Michael Holly
Michael Holly, Solicitor
Category: Law
Satisfied Customers: 6534
Experience:  I have 20 years of experience as a solicitor in litigation and other areas
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I run a small Ltd company delivering training and emplyment

Customer Question

I run a small Ltd company delivering training and emplyment support to young people. Most of my work is for GOALS UK cic who bid for contracts with DWP or other government bodies which I carry out on their behalf as an Associate, charging for my services and sharing in any profit from the contract. There is a de minimis limit on rants funded by the EU of 200,000 euros over three years. GOALS have now reached this limit and cannot therefore bid for the work and so I am considering setting up a cic myself to bid it. As a new company I will need a guarantor which GOALS cic is prepared to offer and I will need to pay GOALS UK cic for the training materials and the intelectual property rights. Would this arrangement be legal. I can't find a lawyer who seems to know?
Submitted: 3 years ago.
Category: Law
Expert:  Michael Holly replied 3 years ago.

So basically you would be reversing the situation. You would receive the grant money and Goals would receive money from the granted amount via a payment from you. Whether this is legal depends on the exact words of the Grant financial limit restriction.If the restriction is that they cannot appply for a further grant themselves then it is legal however if it says that they cannot directly or indirectly benefit from further grants then that would include indirect payments via your company and would not be legal. As such you need to check the wording

I hope this clarifies the position.If there are any further points please reply.

Best wishes

Yours sincerely

Michael Holly, Solicitor
Category: Law
Satisfied Customers: 6534
Experience: I have 20 years of experience as a solicitor in litigation and other areas
Michael Holly and 2 other Law Specialists are ready to help you
Customer: replied 3 years ago.


Many thanks. This is a helpfull common sense answer. I will check the terms of the grant.

Customer: replied 3 years ago.

Would you see any difficulty if GOALS acted as guarantor to my bid - in other words, if I defaulted on the contract they would be responsible for return of the funds?

Expert:  Michael Holly replied 3 years ago.

No, again check the terms of the grants but I would be surprised if this was a problem as it does not relate to the receipt of the funds but their return should you default.I would think that having someone that they know and have funded as guarantor for your company would be a positive advantage.

Yours sincerely

Michael

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