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A New Type of Legally Recognized Company
In 2005, the government of the United Kingdom created a new type of company aptly named the community interest company (CIC). It was enacted under The Community Interest Act of 2004. This Act enables social enterprises to use their profits and assets to enhance the good of the public.
Wikipedia defines social enterprise as:
Social mission driven organizations which trade in goods or services for a social purpose. Their aim to accomplish targets that are social and environmental as well as financial is often referred to as having a triple bottom line. Social enterprises are profit-making businesses set up to tackle a social or environmental need. Many commercial businesses would consider themselves to have social objectives, but social enterprises are distinctive because their social or environmental purpose is central to what they do.
Traditional limited liability companies that do not have charitable status have encountered problems guarantying that their company’s profits/assets are in fact used to benefit the community. Therefore, the establishment of the community interest company has been structured to correct this discrepancy. Some organisations have found that there are benefits for their company to opt out of applying for the charitable status. Some of the reasons a company would select the CIC instead of requesting a charitable status are:
- The benefit to the community exists in conjunction with flexibility of the non-charitable company design that is more malleable in certain circumstances.
- In the charitable form, members of the board may only receive a salary when it is in the best interest of the charity. The CIC does not maintain such a restriction.
- The charitable status is not one that is expressly identified with social enterprise.
Thus, those who elect to form a CIC can pursue philanthropic endeavours in a form other than the charity. Rendering the CIC as a beneficial addition to the legally formed organisation choices.
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