Navigating the spectrum of partnership working (NCVO Annual Conference 2012)
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Transcript of Navigating the spectrum of partnership working (NCVO Annual Conference 2012)
PM1Navigating the spectrum of partnership working•Tom Elkins, Manager, Compact Voice•Philip Kirkpatrick, Joint Head of Charity and Social Enterprise, Bates Wells & Braithwaite (BWB)•Oonagh Smyth, Senior Governance Consultant, NCVO•Ben Hicks, The Guardian
Legal aspects of partnership working
Philip KirkpatrickBates Wells & Braithwaite London LLP
5 March 2012
NCVO Annual Conference 2012
Spectrum of collaborative arrangements
Sharing knowledge Collaborative working on issues/projects Shared services Joint venture by contract Joint venture through new entity Merger
The Basic Planning Framework
Getting in
Getting on
Getting out
Collaboration Checklist
Compatible objects? Objectives of collaboration How long will it last? Who contributes what? When and how? Effect on staff? Who employs / seconds? Who disciplines?
Collaboration Checklist
Management and governance processes Who decides what? How? Steering committee? Role of the boards Communications – internal and external Policies Budget and budgetary control Accounting arrangements
Collaboration Checklist
Admission of new partners / members Profit distribution Tax and VAT Liability:
contract tort
Insurance Dispute resolution
Collaboration Checklist
Conflicts of interest Data protection Joint ownership problems:
land/premises intellectual property other assets
Methods/timing of termination Consequences of termination
Philip KirkpatrickPartnerBates Wells & Braithwaite London LLP
DD: 020 7551 7835
www.bwbllp.com