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Ed Turner
Ed Turner,
Category: Law
Satisfied Customers: 1910
Experience:  Director and Consultant Solicitor (Self-Employed) at Ed Turner LLB Limited
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I need a lawyer who can set up a CIC limited by guarantee

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I need a lawyer who can set up a CIC limited by guarantee for a group starting an educational nature reserve and series of leaking dams for flood control. I have the INO1 forms and can't make head or tail of them.
JA: Where are you? It matters because laws vary by location.
Customer: South Shropshire, 5 miles from Craven Arms.
JA: What steps have you taken so far?
Customer: Set up committee, guarenteed our use of the land till the owner, 88, dies and leaves it to Wild about Westhope in her will. Had a local public meeting to check no resistance. Having a 10-mile radius public meeting in October, Boris allowing. Got 5 experts on the various aspects of our work. Negotiating a bank account with CAF Bank when we get CIC status.
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: Area involved is about 40 acres, registered as Stewardship scheme with Defra. The landowner is part of the committee. Can't think about anything else.
Hello,

I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.

I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.

Thank you!

Hello.   I am Ed, a Solicitor qualified in England & Wales with over a decade’s experience in the legal profession advising clients.

I specialise in Commercial Contracts, Business Transactions, Employment, Dispute Resolution, Personal Injury and Road Traffic Law and shall be reviewing your legal problem today.

Regarding the site’s automatic offer of a Premium Service Phone Call, I shall be delighted to talk with you by phone to discuss your issue in greater detail if you accept the offer.

However, if you do not want a phone call, please cancel the offer for a Premium Service Phone Call and you will not be charged extra.

You need to register a new company limited by guarantee (as opposed to shares) or a CIC at Companies House.   You can do this online via the Companies House Online website: https://www.gov.uk/setting-up-charity

New applications are usually approved within two working days from receipt.   You should check that your intended name is ***** ***** in use and is not misleading.   For example, your charity name should not include “Solicitor” or “Law Firm” if you do not provide legal services and are not authorised and regulated by the Solicitors Regulation Authority.

As a limited entity, you and the other trustees will enjoy the protection of separate legal personality.   The charity’s and the trustees’ personal assets will be entirely separate, and the charity’s creditors will not be able to pursue the trustees’ personal monies and property for the charity’s debts and other liabilities.

In addition, charities are largely exempt from paying tax, apart from VAT and PAYE Income Tax and National Insurance Contributions on their employees’ salaries.

However, in return for the benefit of separate legal personality comes the onerous requirements of openness, transparency, and a certain degree of publicity in your charity’s affairs.   You must file Annual Returns and Accounts at Companies House in accordance with their deadlines.

I strongly recommend that you retain the services of a qualified accountant.   They will be able to register the charity at HM Revenue & Customs and be able to manage your accounts and tax liabilities via a secure cloud-based provider such as Xero, Zoho and Free Agent.   Your accountant will prepare your Annual Returns and Confirmation Statements and file these at Companies House.

A commercial solicitor can also draft business, employment, and property contracts for you and manage your business affairs and deal with any potential disputes that may arise.

In order to satisfy HM Revenue & Customs that your organisation is a charity and deserves the tax breaks and other advantages of charitable status, you need to satisfy HMRC that the organisation has one of 13 “Charitable Purposes”: https://www.gov.uk/government/publications/charitable-purposes/charitable-purposes.

These include the relief or prevention of poverty, the advancement of religion, the advancement of citizenship or community development, the advancement of amateur sport, the advancement of human rights, conflict resolution or reconciliation or the promotion of religious or racial harmony or equality and diversity, the advancement of education and the advancement of citizenship or community development.

From your instructions, your charity should satisfy one of these requirements without difficulty.

I hope this resolves your enquiry.   Please revert to me if you require any clarification of my answer to your question and I shall be delighted to assist.

Kind regards

LawyerEd

Ed Turner,
Category: Law
Satisfied Customers: 1910
Experience: Director and Consultant Solicitor (Self-Employed) at Ed Turner LLB Limited
Ed Turner and 5 other Law Specialists are ready to help you
Customer: replied 8 days ago.
I knew most of this already and the rest is irrelevant. I need to know how to answer some of the questions on the INO1 forms.