0:46
The community interest company was established in
legislation that was passed in 2005.
It was the end of several years of preparation that various
groups were involved in in bringing the legislation to the statute book.
The original ideas stem from 1998 and 1999 when
the new Labor administration brought in a raft of new ideas concerning
social justice and social entrepreneurship was one of those key elements.
And the idea was that up until the legislation for
the community interest company, there was no specific legal form that had
been established that would embed social purpose with trading.
Now I'm sure that many people are familiar with organizations like
charities that have charity shops to generate revenue, but
the legal structure is that the trading is carried out under a separate organization,
which generally gifts back the surplus to the charity.
So, we often can see that charities raise money from trading, but
it's done under a combined legal form,
whereas the CIC was established to bring together social purpose and trading.
Since the legislation in 2005,
we've had several thousand organizations adopt the CIC format.
So, from a practical point of view,
it's working and it's doing something that is of value to social enterprises.
2:30
Part of my research at Cambridge Judge Business School is to explore
the emergence of the CIC model and the adoption of the CIC model.
And through that research, I've had the opportunity to visit and
to interview people that have set up community interest companies and
to inquire about the business models that they've adopted, and there
are lots of very interesting organizations that have adopted this model.
So for example, there is an organization called Bikeworks which operates in London.
Now, this organization works with people who have
been long-term unemployed or perhaps ex-offenders, and
what they do is they offer a training program to enable
the people to learn about bicycles and learn how to repair bicycles, so
that they can then build their own bicycle and also look for work in that industry.
At the same time, this organisation sells
courses to organizations who want their employees to learn how to cycle,
to be confident about cycling to and from work, and so, they have a model where they
can earn revenue from selling bicycles and training courses around transportation,
but also, they can bid for contracts to work with the long-term unemployed.
And that's a very interesting organization.
And I think it would be very difficult to go to any major city in the UK and
not find a similar type of organization.
A second example of a community interest company which has got
a very interesting business model,
which is different to that of Bikeworks is the Canal and River Trust.
In the UK, many of the canals and
waterways were under the control of a government, a public sector organization,
and they were responsible for the upkeep of the waterways.
And many people in the UK live close to rivers and canals and
would often spend leisure time visiting, walking alongside the river banks,
many would have access to boats, traveling on boats on the waterways.
And so, they are a very important ledger facility within the UK.
About three or four years ago,
a decision was made to explore the idea of selling off the waterways.
And in response to that, and in response to a strong public opinion that this was
an asset that should be kept in public ownership,
the physical assets, the canals and
the waterways were passed into a community interest company.
And one of the big benefits of the community interest company is that
the assets held by the organization are held for community benefit in perpetuity,
so the business model provides protection to people that they can be confident
that those rivers and waterways will be held in the community interest company for
the benefit of the public to be able to use them in their free time.
And there are many examples of community interest companies up and down the UK.
A third example is that of the Isle of Sky Ferry.
Now this is a very small community interest company that provides a key
transportation link between a very remote region in Northwest Scotland and
the Isle of Sky.
Now the ferry was in private ownership and the original
owner was considering selling the ferry, and the community that lives in this
peninsula decided that they would take ownership of the ferry, so that they could
maintain this transportation link between their peninsula and the Isle of Skye.
A CIC, a Community Interest Company, is a new legal form within the UK, specifically
for social enterprise and it has a number of criteria which have to be fulfilled.
First of all, the, it has to be for community benefit, for
the benefit of the community and the registrar judges, in fairly basic
ordinary person terms: does this look as if it's going to benefit the community.
Secondly, there are constraints on the distribution of dividends and
the distribution of assets in the case of selling or in case of failure.
So, we call that an asset lock.
In other words, the assets of the organization will pass to
another social enterprise in case of sale or
in case of failure or dissolution of the organization.
And thirdly, it should, as a consequence of that,
it will be reinvesting most of it.
That's not a criteria, but that's a consequence.
It also has to produce a community report, a stakeholder report,
which is, could be anything from a page to three pages as part of its annual report.
It's really part of a wave of new initiatives, new legislative initiatives
we're seeing globally to respond to this great enthusiasm for
social entrepreneurship.
And, we see it in, for
example, the benefit corporations in the US, the L3Cs in the US.
In Italy, we see the social cooperatives, which is a hybrid between the non-profit,
and the cooperative.
In Belgium, we have a social purpose organization.
In Italy again, we have a social purpose as- organization.
So in many countries, we're seeing either countries forming social
cooperatives on the Italian model or social businesses,
social enterprises on the CIC model or some other model.
People say, do we need it?
8:53
Some people like the idea of for-profits, doing good while making money.
This is contentious in some countries, particular in, say,
traditional parts of the third sector in Europe, but
in other countries like the Anglo Saxon countries, it's more accepted.
It does raise more ambiguities about what happens to the assets at the end, and
so on and so forth.
So people choose a CIC, and choose to go for a CIC or similar legal structures.
If they want to be seen to be doing the right thing, ethically the right thing,
it would also give them probably more access to government finance,
cause the government will feel secure that any investment they make or
any assets that they give to that CIC will arrest in perpetuity for
the benefit of the community.
And they may also get donations from nonprofits or
corporate social responsibility as a result of that, and they may also benefit
from advice from government or other social enterprise support structures.
How do we decide what legal form to choose is the issue.
And I think the answer to that is that
a lot of social entrepreneurs don't like all this bureaucratic stuff.
They want to get on and be entrepreneurial and
make something happen and change the world.
Well, that's fine.
But the decisions that you make in formulating a legal structure will have
lasting consequences.
So, I think it's very important to give quite a lot of thought to what kind of
organization do you want to be.
Do you want an organization with a wide membership that's got close links with
the community?
In which case, you want a membership structure where those community members
can participate and be on the board.
Do you want to be entrepreneurial and mobile, maybe a one person or
a two person operation?
So those are two considerations.
You also need to think about where you get your finance from.
Do think you have a chance of getting government finance,
in which case you might think about nonprofits and CICs or
CIC-type structures as being more acceptable to public bodies that
have to be accountable for the way in which money is spent?
Or are you interested in crowdsourcing funding, which is like a donation,
which at the moment doesn't seem to have any payback to the donors.
And, or could you get bank finance or private sector, private sector funding?
And what's your ultimate purpose?
Do you want to grow and become something substantial?
Do you want to replicate?
In other words, do you want this model that you've got
replicated in every city around, every big city or around the world?
And that would govern the kind of structure that you'd choose.
I just want to add something about what's going on in Europe at the moment in
terms of mapping social enterprise.
There's a large project which is linked to the social business initiative which is
aiming to, through process of social innovation, cure your problems of
cohesion and growth, and productivity and so, all the easy stuff.
And this mapping exercise is looking at 28 countries,
and looking at what they understand by social enterprise, and
it's using the definition of social enterprise put out by
the Social Business Initiative, which draws very much on the EMES definition.
So it has three characteristics: a social purpose,
economic activity, and inclusive governance.
And it has defined about five core measures, five core
indicators with specific criteria to use in exploring the extent
to which different countries might operate with non-profits or cooperatives or
their own specific structures in a social entrepreneurial way.
The measures that, the indicators that we have are an economic activity.
Now, in some countries like the UK, it's
quite easy to find a lot of social enterprise with 50% economic activity.
In other countries where the NGO, the civil society is quite fragile, and
they're just on the pathway towards being more and more socially entrepreneurial,
we might just have five or ten percent that's getting an income from the market.
But we're hoping that's the future for
really substantial development in terms of, say, social service provision,
work integration, and other social entrepreneurial activities.
That's the economic activity. Social purpose.
It should also have some degree of employment really, but not too specific.
And indeed, in many social enterprise we see volunteers being
employed as a way of getting a free resource in social capital.
And it should have an inclusive governance which could be participative, but could be
a stakeholder form of governance, multi-stakeholder form of governance.
It also has a constraints on dividend distribution,
that's currently not specified, and the idea of an asset lock.
So it follows some principles similar
to the CIC, but it has inclusive governance which the CIC doesn't have.
So we'll see whether that forms, really,
a kind of emblematic set of criteria for Europe.
It could do, and we could see lots more organizations like CICs, taking up some
of those criteria in future, particularly in places where it's difficult for
nonprofits to trade or it's difficult for cooperatives, and for-
profits really are not trusted very much.
So, we're hopeful for a good future for social entrepreneurship.