George Ruddock- social business advisor, Future Business
Don't assume community interest companies are the only option: Don't let anyone to push you into the CIC path if you don't completely understand what they entail. There are other options available for social enterprises, for example, companies limited by guarantee. Most funders accept these types of company as social enterprises if you include the relevant articles to identify your social enterprise characteristics.
Linda Barlow - legal Officer, Co-operatives UK
Establish your business plan first: The legal form chosen for your social enterprise will depend on the decisions you have made in your business plan. Although choosing the legal form is important, it is only one part of making your idea fly.
Your governing document shouldn't just be left to gather dust: You should consider your governing document as an "organic document" and not something you put away in a drawer and only use when there is a problem. It should provide the skeleton of how the organisation works.
Be aware that as you take decisions, you will be increasingly restricted: Don't close doors too early, especially if you are a fledging enterprise. Charitable status and registering as a CIC are both one way streets, for example. Carefully consider all the options before you make any decisions.
Adrian Ashton - independent advisor, trainer and consultant
Always put your values and vision first: Your legal form should follow your values and vision - work out what's most important to your organisation in terms of governance and financing and then look for the legal model that offers a best fit. Make sure you can explain to anyone how your legal form not only fulfils the criteria of being a social enterprise, but why it is the most appropriate for you in terms of both legal identity and governance structure. This is important - not only will it maintain your credibility with the wider world, but it will also reassure you that any problems you experience could not have been avoided with a different structure.
Don't blindly take all the advice you're offered: Never pick your organisational structure on the basis that someone else tells you that is what you should be. You have to live it, not them, so never be afraid to question the advice you are offered and inform yourself appropriately.
Joanna Sanderson - solicitor, Wrigleys Solicitors LLP
Funders must be a priority in your decision-making: Start your consideration of structure by asking "where is the money for this project going to be coming from?" Find out what your potential funders are likely to be looking for, especially the criteria they place on appplications - only then think about what structure to use.
Don't get too caught up in your constitution: At the end of the day a social enterprise is not defined by its structure but by its effect. If your customers are members of the public, they are likely to care less about the company's structural rules and more about whether you are actually demonstrating a social good.
Richard Patey - director, Profit Is Good Ltd
Don't let the theory overtake the practice: The social enterprise sector needs to stop focusing on terms / definitions / acronyms / marks and even funding and focus on supporting the creation of businesses that change the world through the profit that they make.
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