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Hi Claire<br>
I'm coming late to the debate and most points have already been well
made. <br>
I would also ask you "why?" - would charitable status perhaps enable
you to access certain funds?<br>
<br>
1. Your company Stroud Community Radio Ltd (as the Charity) would keep
the same name, so there should be no problem with the licence from
Ofcom.<br>
<br>
2. Your directors would be the trustees - that could be a problem if
they are employed by the company - check your memorandum and articles
of association (they can never be paid for being trustees, although if
you get the wording right in the relevant sections (4 and 5?) they can
be paid for services to the organisation, subject to a strict procedure
beforehand.....<br>
<br>
3. Also check your objects carefully - however, the Charity Commission
will discuss them with you and recommend changes if they are not
charitable enough. Again, as you would be making them more charitable,
that shouldn't be a problem for Ofcom, especially as in your key
commitments your Community to be served is "The people of Stroud".<br>
<br>
Phrases used as charitable objects include the following: <br>
"To advance the education of the public in radio broadcasting, in
particular but not exclusively through the provision of training and
exhibitions" (I imagine you already do training)<br>
<br>
"To provide inclusive education, arts and music facilities for [xxx
town] including a community radio service."<br>
<br>
"To advance the education of the public, primarily but not exclusively,
across the [xxx region] in the appreciation and practice of the arts."<br>
<br>
There's a useful section here (it's part of the guidance for setting up
a new charity, but the Charity Commission will apply the same
principles to existing companies wanting to register as charities)<br>
<a
href="http://www.charitycommission.gov.uk/Start_up_a_charity/Guidance_on_registering/Choosing_your_governing_document_index.aspx#purposes">http://www.charitycommission.gov.uk/Start_up_a_charity/Guidance_on_registering/Choosing_your_governing_document_index.aspx#purposes</a><br>
<br>
Here is some more guidance on charitable purposes:<br>
<a
href="http://www.charitycommission.gov.uk/Charity_requirements_guidance/Charity_essentials/Public_benefit/charitable_purposes.aspx">http://www.charitycommission.gov.uk/Charity_requirements_guidance/Charity_essentials/Public_benefit/charitable_purposes.aspx</a><br>
<br>
4. I do think it would be useful to tell your contact at Ofcom that
there are now 3 different kinds of charity (that's not including CICs -
community interest companies):<br>
a. unincorporated charities, of which there are thousands, often small,
across the country (presumably the Ofcom person was thinking of these)<br>
b. companies like yours (limited by guarantee) which were also
registered as charities - on setting up or later (London Link Radio and
Women's Radio Group are two examples of those which registered later,
although neither have licences, so no help re. Ofcom)<br>
c. the new Charitable Incorporated Organisation, which is halfway
between the existing two - see<br>
<a
href="http://www.charity-commission.gov.uk/start_up_a_charity/do_i_need_to_register/cios/default.aspx?">http://www.charity-commission.gov.uk/start_up_a_charity/do_i_need_to_register/cios/default.aspx?</a><br>
The information is dated today, 11th Sept, and it warns that there may
be changes to the guidance - however, it includes info on how a
charitable company can convert to a CIO, so worth a look. Under "How
does an existing charitable company convert to a CIO?" it specifically
says:<br>
<span class="Apple-style-span"
style="color: rgb(68, 68, 68); font-family: Arial,Helvetica,sans-serif; font-size: 14px; font-style: normal; font-variant: normal; font-weight: normal; letter-spacing: normal; line-height: 19px; orphans: 2; text-align: left; text-indent: 0px; text-transform: none; white-space: normal; widows: 2; word-spacing: 0px; background-color: rgb(255, 255, 255);">"Although
the regulations have not been made yet, we know from the Charities Act
2006 that the process will be relatively straightforward. The existing
corporate body will simply be re-registered as a CIO with a new
constitution. The conversion process will not affect the legal
personality of the organisation or its business relationships.</span>" <br>
<br>
So that could be good news, although what with CICs, and now CIOs, they
don't make it easy to follow, do they :)<br>
<br>
Good luck <br>
Regards<br>
Cathy Aitchison<br>
-----------<br>
<br>
On 10/09/2011 09:33<br>
claire penketh wrote:
<blockquote
cite="mid1315643609.32434.YahooMailNeo@web24607.mail.ird.yahoo.com"
type="cite">
<div
style="color: rgb(0, 0, 0); background-color: rgb(255, 255, 255); font-family: times new roman,new york,times,serif; font-size: 12pt;">
<div style="right: auto;"><span style="right: auto;"> Stroud FM,
currently a company limited by guarantee, is thinking about becoming a
charity limited company. Had a quick chat with OFCOM re implications
for our licence, which is held in the name of Stroud Community Radio
Limited and they said that we will have to keep the current <var
id="yui-ie-cursor"></var>ltd company and set up the charity alongside,
because the charity isn't a body coperate. Then they suggesed I ask the
CMA what other members do, so here I am. However, I think a charity
limited company is a body corporate? But, if the licence is held by
Stroud community Radio limited, does that mean we still have to keep
the company, or could the licence be transferred to the charity limited
company?</span></div>
<div style="right: auto;"><span style="right: auto;"></span> </div>
<div style="right: auto;"><span style="right: auto;">Yours, confused.</span></div>
<div> </div>
<div style="right: auto;"> Claire Penketh, Stroud FM</div>
<div style="right: auto;"> </div>
<div> </div>
</div>
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