Financial Reporting & Best Practice for Arts Organisations. Gaby Smyth



Similar documents
The Wheel. useful information for setting up a voluntary organisation

Asset Transfer Stage 2 Main Application Form

Setting up a Charity

Trust, Company or CIO? a guide to the distinctions

COMPANIES ACT 2014 MARCH 2015

24. Accounting for groups and the preparation of consolidated accounts

Chapter 7 Examinerships Application of section 748(2) to CLGs. Chapter 9 Public offers of securities, prevention of market abuse, etc.

College Accounts Direction 2015 to 2016

MANAGING BETTER A Series on Organisational and Management Issues for the Community and Voluntary Sector. Becoming a Limited Company.

THE COMPANIES ACT 2006 COMPANY LIMITED BY GUARANTEE AND NOT HAVING A SHARE CAPITAL ARTICLES OF ASSOCIATION SHELTERBOX TRUST. Companies Act 2006

Corporate Department. Companies Act 2014 A Guide to Key Provisions

How To Write A Charity Account In Scotland

Setting up a charity in Hong Kong

The Companies Act 2014

Every company must have a company secretary, who cannot be the same person as a [Companies Act 1985 s.283(1)]

Accounting and Reporting Policy FRS 102. Staff Education Note 14 Credit unions - Illustrative financial statements

Or contact them by one of the following means:

Companies Act 2014 Ireland

1. Trustees annual report

Office of the Regulator of Community Interest Companies: information and guidance notes. Chapter 9: Corporate Governance MARCH 2013

16. Presentation and disclosure of grant-making activities

Response to consultation on the exposure draft of the SORP: Financial Reports of Pension Schemes

Statement of revenues/expenditures and changes in fund balance. Balance sheet. Current financial liabilities. Current financial assets.

Summary of legal structures

THE Companies Act 2014

Unincorporated and incorporated What s the difference?

UCITS FOR INVESTMENT MANAGERS 2014 COMPANIES ACT PRACTICAL IMPLICATIONS FOR IRISH COMPANIES

CHARITIES SORP (FRS 102)

Downloaded from Datalog REGISTERED NUMBER: SC (Scotland)

Number 38 of Companies Act 2014 VOLUME 2 SECTIONS 963 TO 1448 AND SCHEDULES 1 TO 17

CHARITIES SORP (FRSSE)

Business Structures in Australia

Charity reporting and accounting: the essentials

Trust and transparency. Small Business, Enterprise and Employment Bill: Trust and transparency

Key to Disclosures Corporate Governance Council Principles and Recommendations

Legal obligations of club committee members. Responsibilities under the provisions of the Act

Technical Accounting Alert

REPORT OF THE DIRECTORS AND FINANCIAL STATEMENTS FOR THE YEAR ENDED 31ST MARCH 2015 FOR SAW LIMITED

CHARITABLE INCORPORATED ORGANISATIONS

The Comprehensive Service

COMPANIES LIMITED BY GUARANTEE

Registered number: BEVA LIMITED. (A Company Limited by Guarantee) UNAUDITED DIRECTORS' REPORT AND FINANCIAL STATEMENTS

Corporate Governance Statement

FOR FINANCE LEASING INSTITUTIONS

Formation of APAN Legal Entity in Hong Kong. P T Ho APAN Council Meeting 25 January 2008

THE NON-PROFIT CORPORATIONS ACT GENERAL ADMINISTRATIVE REQUIREMENTS

The fact that the company determines the amount means shareholders must approve, not the directors themselves.

COMPANY LAW UPDATE. Presented by

The Things You Need to Know Before and After Forming a Legal Entity - From the Company Secretarial Perspective 成 立 公 司 你 要 知

FORM FS must be completed and be in agreement with financial information reported on IRS Form 990 or the filed financial statement.

APPLICATION NOTES - PLEASE READ

Easy Claim Collections Ltd

Business Corporation. Frequently Asked Questions

Board Charter St Andrew s Life Insurance Pty Ltd

ACCOUNTING SOLUTIONS SCO: 209, First Floor, Sector-36/D. Chandigarh (M): , , HOLDING COMPANIES

BUSINESS CONDUCT POLICY

TRUST OR COMPANY SERVICE PROVIDER APPLICATION FOR AUTHORISATION

The Board is collectively responsible for promoting the success of the Company by:

Accounting Q&As. 1. Have accounts at the last accounting date been audited and signed off?

MASK BRICKWORK & BUILDING CONTRACTOR LIMITED Financial Accounts REGISTERED NUMBER: (England and Wales)

Downloaded from Datalog REGISTERED NUMBER: (England and Wales)

Higher audit threshold for charities

Agenda. Charity and Community Facts and Figures. The different types of organisation in this sector? The overall market size and profile

MEMO TO CLIENT: DIFFERENCE BETWEEN PARTNERSHIP AND PERSONAL LIABILITY COMPANY

TAX AND SUPERANNUATION LAWS AMENDMENT (2014 MEASURES NO.#) BILL 2014: EXPLORATION DEVELOPMENT INCENTIVE EXPLANATORY MATERIAL

Regulatory Standards of Governance and Financial Management

L G P (Developments) Limited. Unaudited Abbreviated Accounts. for the Year Ended 30 April 2015

THE NATIONAL BIODIVERSITY NETWORK TRUST RULES AND STANDING ORDERS

BlueScope Steel Limited Audit and Risk Committee Charter

CORPORATE GOVERNANCE - BOARD CHARTER PART A DEFINING GOVERNANCE ROLES

Accounting standards support to English college finance staff

2 PLAN PROJECT MANAGEMENT LTD Financial Accounts REGISTERED NUMBER: (England and Wales)

PART 16. Designated Activity Companies. Chapter 1. Preliminary and definitions In this Part

University of Trier English Law Helen Campbell, Lecturer

GUIDANCE NOTE NATURAL PERSONS CARRYING ON A SINGLE CLASS OF TRUST COMPANY BUSINESS (APPLICATION PROCESS AND ON-GOING REGULATORY REQUIREMENTS)

Implications of the Companies Bill 2012 for guarantee company charities Presentation to the Carmichael Centre 6 March 2013

Key to Disclosures Corporate Governance Council Principles and Recommendations

A GUIDE TO LEGAL FORMS FOR BUSINESS NOVEMBER 2011

Self-Help Kit. Limited Company. Guidance Manual. The contents of this Manual have been approved by H M Williams Chartered Accountants

Chase Surety Bond Facility Application Form

Financial Reporting Environment Statutory and Regulatory Framework. Learning Objectives

THE COMPANIES ACTS TO 1993 ISLE OF MAN PRIVATE COMPANY LIMITED BY GUARANTEE AND NOT HAVING A SHARE CAPITAL MEMORANDUM AND

SCOTT REES INJURY CLAIMS LIMITED Financial Accounts REGISTERED NUMBER: (England and Wales)

charity accounting, registration and tax relief in Scotland

Ramsay Health Care Limited ACN Board Charter. Charter

The Comprehensive Service

Academies accounts direction 2014 to 2015 (SORP 2015)

As an Independent Director you will not be liable to retire by rotation.

Macquarie Group Limited Board Charter

Sharing Knowledge: Guide to Board Membership

EQT HOLDINGS LIMITED BOARD CHARTER (ACN )

Downloaded from Datalog

HRD CONSULTANCY SERVICES & CO. SECRETARIAL TRAINING PROGRAMMES 2015/16

English Ski Council Limited. Report and Accounts. 31 December 2010

Jones Sample Accounts Limited. Company Registration Number: (England and Wales) Report of the Directors and Unaudited Financial Statements

Mortgage application form

EUREKA GROUP HOLDINGS LIMITED SECURITY TRADING POLICY

Roger Dickinson, ICSA

SOLUTION ENGINEERING HOLDINGS BERHAD ( SOLUTION OR THE COMPANY )

REMUNERATION COMMITTEE

Transcription:

Financial Reporting & Best Practice for Arts Organisations Gaby Smyth

Organisations with Reporting Charities Regulator Requirements ODCE/CRO Governance Code Arts Council

Question How can arts organisations effectively, and efficiently, meet the requirements and standards set by all four organisations?

Answer 1. Configure the organisation as a Company Limited by Guarantee (CLG) 2. Prepare Financial Statements in accordance with the Statement of Recommended Practice (SORP) for Charities

Limited Company Limited by Share Limited by Guarantee Private Limited Company Designated Activity Company (DAC) Company Limited By Guarantee (CLG)

Companies Limited by Share Private Limited Company No memorandum & articles of association No stated objects Shareholders entitled to assets on w/up Shareholders entitled to dividends Best suited to profit motive Designated Activity Company Must have memo & articles of association Stated objects i.e. must declare it s designated activity Shareholders entitled to assets on w/up Shareholders entitled to dividends Best suited to profit motive

Company Limited by Share Company has a share capital Directors account to the shareholders at AGM May or may not have a memo & articles of association S/h entitled to assets on w/up S/h entitled to dividends Best suited to profit motive Companies are required to report under FRS 102 Company Limited by Guarantee Company has no share capital Directors account to the members at AGM Company has a constitution Members not entitled to assets on w/up Members not entitled to dividend Members guarantee to cover the liabilities of the company up to max. 5 Best suited to non-profit motives Charities are recommended to report under SORP

Guarantee Company Old Company Ltd. by Guarantee Min. 7 members Min. 2 Directors + Secretary Company governed by Memo & Arts Had Limited after company name Audit requirement under company law New Company Ltd by Guarantee Min. 1 member Min. 2 Directors + Secretary Company governed by Constitution Has CLG after company name No audit requirement under company law

Advantages of CLG Structure 1. Membership neither own assets nor entitled to dividends 2. Structure best suited to non-profit motive 3. Constitution sets out company s charitable/non-profit objectives 4. Favoured by Arts Council, and other funding bodies

Advantages of CLG Structure (contd.) 5. Members exposure to liability limited to 5 6. Structure and constitution ease the passage to charitable status and CHY number 7. Best structure to recruit non-executive board of directors and members. 8. Non-profit CLG structure well-suited to reporting under the SORP

Statement of Recommended Practice for Charities (SORP) Developed to assist preparers of accounts, and charity trustees, report in a manner that is: Informative User-friendly Transparent Relevant Understandable Comparable

SORP for Charities Under company law, company directors are required to prepare accounts in accordance with FRS 102, including a Directors Report If a company, which is also a charity, prepares its accounts in accordance with the new SORP for Charities, including a Trustees Report, it will also comply with FRS 102.

Annual Financial Statements under SORP Trustees /Directors Annual Report Income & Expenditure A/c Balance Sheet Cashflow Statement Notes to the Accounts Examples of all these, with appropriate headings and prompts, are included in the Arts Council publication Financial Statements Guidance Notes.

Advantages to CLGs Reporting under SORP Complies with FRS 102 and Co. Law The Directors Report and Trustees Report may be combined, to satisfy Charity Regulator Favoured form of reporting by the Arts Council The accounting structure is much more userfriendly, informative, transparent and relevant for trustees/directors, thereby significantly enhancing governance over finances.

In summary, CLGs who account under SORP will be much better placed to satisfy the reporting requirements of: Companies Registration Office Charities Regulator Funding bodies e.g. Arts Council Governance Code