The
Community Interest Company (CIC) is a new limited company structure for Social
Enterprises that secures an ‘asset lock’ for the community and focuses on
community benefit. It has been designed to make incorporation simple for SEs
wishing to use the familiar corporate form with a separate legal identity from
its members.
Compared
with other limited companies, CICs are subject to additional regulation to
ensure that the community benefits (www.cicregulator.gov.uk).
The regulation
of a company as a CIC has to be approved by the regulator, who also thereafter
has a monitoring and enforcement role. To apply for registration, the SE must
provide the regulator with evidence that
it satisfies the community interest test. In order to determine whether
or not a company satisfies (or will satisfy) the test, the SE needs to
consider:
- The purposes for which it has been set up;
- The range of activities it is engaged in;
- Who will be seen as benefiting from its activities.
There are
now over 2000 organizations in the UK registered as CICs. Each CIC is required
to report to the regulator on what it delivers for the community and its
stakeholder involvement. In addition to the ‘asset lock’, CICs are subject to a
dividend cap. This means that, unlike most companies, CICs may only declare a
dividend by an ordinary or special resolution of its members ( a dividend
cannot be declared by the directors alone).
Bob Doherty
and others (2009) Management for Social Enterprise. Los Angeles: Sage. p.38.
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