Community Interest Company [CIC] Package

The Prime Formation ‘Community Interest Company Package’ is designed for those who wish to set up a business structure that helps communities, individuals or groups of people. A social enterprise is often set up with social, charitable or community-based objectives and can be operated through the mechanism of a Limited Company, Charity or a Charity Incorporated Organisation [CIO], Cooperative, Sole Trader or Business Partnership.

The Companies (Audit, Investigations and Community Enterprise) Act 2004 became the basis for the Community Interest Company [CIC] regulations 2005 which came to operation on the 1st of July 2005. The CIC regulations of 2005 provided the foundation, structure and legal framework for the establishment and operations of CICs.

Setting up a CIC

A CIC is a limited company specially created for the benefit of the community rather than for the sole and private benefit or interest of the shareholders and directors as is the case in a general commercial company.

The following requirements must be fulfilled before a CIC can be set up:

  • A Community Interest Statement must be prepared to detail what the CIC intends to do
  • An asset lock must be inserted in the Articles of Association stating that the company’s assets will be only be appropriated towards its social objectives. The asset lock provision is required in the process of setting limits to the money distributable to Shareholders.
  • A Constitution must be drawn up detailing at length the legal provisions guiding the operation of the CIC. The CIC regulator has model constitutions [Articles of Association] which may be adopted.
  • The CIC Regulator is solely responsible for the registration of CICs in the UK and all applications must be forwarded to him or her.
  • Companies House Form IN01 for incorporating a Company must be completed detailing the name of the company, registered address, personal details of the directors, service address of directors, subscription shares acquired and nature of Persons of Significant Control [PSC]
  • Declaration on Formation of a CIC Form CIC36 must be completed. The form sets out the CIC’s social mission or purpose and the stated activities to be undertaken to achieve it.

Other CIC Formation Variants

A CIC can be set up online or by post.

A CIC can be newly formed as a Community Interest Company or a Community Interest Public Limited Company [PLC]. Alternatively, a CIC can be formed by converting an existing Limited Company or Charitable Company to a CIC or vice versa. In other words, a CIC can be converted to a Charity or a Charity incorporated Organization [CIO].

Subject to the CIC Regulator review of the CIC registration application normally, it should take 2-3 weeks to register a CIC however this time frame is not guaranteed.

Our Fees

Prime Formations charge £145.00 plus VAT to incorporate a new CIC. Other charges apply if you wish to form a Community Interest PLC or convert a CIC to a CIO or vice versa.

The Process

Once you place an order for this service, we would send by email a CIC questionnaire detailing what we require in order to register the CIC. Once the CIC questionnaire is completed it should take 2-3 weeks on average to register the CIC.

All Your Questions Answered

Key Facts about CICs

  • CICs were created to provide a legal vehicle for non-charitable social enterprises
  • Around 15,700 CICs have been incorporated since 2005 ranging from small miniature community-based organisations to multi-million pound organisations offering community benefit to all business sectors including media, arts, health and social work.
  • CIC’s have limited liability and therefore Directors except in certain exceptional circumstances will not incur personal liability whilst managing the CIC.
  • CIC’s may be formed as Company Limited by Guarantee or as Company Limited by Shares
  • A CIC must fulfil the ‘Community Interest Test’ before it can be incorporated. It must have a well-defined social mission acceptable to the CIC Regulator
  • A CIC must have an’ asset lock’ provision to prevent the distribution of the CICs profit to its members or shareholders other than as defined in the Articles of Association
  • Where the assets of a CIC are sold, the sales proceeds must be used for the furtherance of the community-based objectives of the CIC. Under the asset lock provision proceeds of assets sold cannot be distributed to Shareholders or Members.
  • In the event of the CIC being wound down the assets of the CIC must be transferred to another similar CIC operating the same asset lock provisions.
  • A major advantage of CICs over Charities is that whilst charities must operate through volunteer boards, CICs may retain paid directors on their board. The directors can thus retain strategic control and oversight for the social enterprise. CICs are also not as heavily regulated as Charities. The downside of CICs compared to Charities is their inability to access the tax advantages available to Charities.
  • CICs can be financed through the issue of shares if a CLS [CIC Limited by Shares] and through loans and bonds.
  • CICs if a CLS can issue dividends within defined statutory limits. A ceiling of 35% of profits can be distributed as dividends to Shareholders.

CIC Limited By Shares Explained

A CIC Limited by Shares [CLS] is an incorporated legal entity with a separate identity from those who own or run it. Small social enterprises, often have the role of owner and manager in the same person or persons however in big corporate entities these roles are often resident in different persons. Directors are tasked with the function of managing the company owned by Shareholders. The concept of limited liability is foundational to our understanding of a company. A company as a separate legal entity and therefore can sue or be sued in law. The liability of the owners of the company also called ‘Shareholders’ is limited to the number of shares they own.

Essential Requirements in forming a CIC?

The process of incorporating a CIC online is simple and straightforward. Documents, signatures and legal consultations are not required. To incorporate a company online you would need the following:

  • The Proposed Name of the Company to be incorporated. There are strict rules and regulations by Companies House in respect of acceptable names. You cannot use a name similar to that of an existing company neither can you reserve a company name for future use. The best way to ensure a company name becomes yours is by incorporating a company using that name.
  • The Names of the Directors and Shareholders. Often in small Social Enterprises, these roles exist in the same person.
  • Registered Office Address
  • Directors’ Service Address
  • Issuance of Shares [At least one share must be issued]

Money Laundering Requirements-Proof of ID?

Accountants, Estate Agents, Solicitors and other professionals including Formation Agents such as ourselves are required by the law-The Money Laundering and Terrorist Financing (Amendment) Regulations 2019 and previous Money Laundering Regulations to check proof of ID and Address. We carry out digital ID checks on our customers and most do not have to do anything else except complete the online formation forms. A very minute percentage of our customers may need to supply further information if they fail the digital ID tests or are not eligible for one.

Are there any other hidden costs incurred under the CIC Package?

The Prime Formations ‘CIC Package’ has no hidden costs. The cost of the CIC package is as stated. We charge £230 plus VAT for the Package which includes the CIC Paper incorporation charge of £71 or the CIC Online Incorporation charge of £64. There are no renewal charges and the charge is one-off.

£199.99

Package Features

Email Copy of Certificate of Incorporation

Email Copy of Memorandum & Articles of Association

Email Copy of Company Register with First Entries

Printed Certificate of Incorporation

Bound Memorandum and Articles of Association

CIC Regulator Incorporation Fee of £27/£35 Included

Free Business Bank Account

Free Online Company Manager

Introduction to Qualified Accountants

Registered with Companies House & CIC Regulator

Company Limited by Guarantee or by Shares

Community Interest Statement

Asset Lock Legal Promise

Need Assistance?

If you have any questions about our products and services, please don't hesitate to contact the Prime Formations team. We're here to assist you with any inquiries you may have.