I’ll begin by outing myself (again) on the subject of Community
Interest Companies (CICs) – I’ve personally never been a big fan of them for
all sorts of reasons that include:
- their not offering any features that are truly unique,
- are generally not advantageous in securing income,
- usually allow very weak governance to emerge,
- offer little security for their Members and Directors in light of their regulators’ powers to overrule them...
(all of which are detailed in
previous blog posts), BUT I have supported some clients to gain this ‘hallowed
status’ and am always pleased (really!) when an enterprise proves me wrong on
why it’s the best form for them to adopt.
However, I’m wondering of the wider world may be catching up
with me now in light of trending data published by the CIC Regulator themselves
that suggests CICs may be increasingly seen as a ‘bad apple’ by those who set
them up, and those they engage with...
You see, I’m a geek in oh, so many things, but particularly
in the governance of organisations of all types, and as a result, find the
annual reports from regulatory bodies fascinating reading. And despite my
personal misgivings about the CIC form, I’ve always said that the CIC Regulator
published perhaps the best designed and most accessible annual report of all
the regulators. And this year I decided to dig into some of the stats they
publish in a little more detail –
I looked at the period 2011/12 to 2013/14 (3 years) to see
what trends there might be amongst CICs that are emerging and it’s not an
encouraging picture:
- as context, over the last 3 years, the total numbers of CICs have increased by 44%;
- but last year, over 10% of all CICs on the register were wound up – a figure that’s also growing year on year (and has floated around the 9% mark in previous years);
- and the biggest reason (70%) for CICs being wound up is that they’ve been struck off the public register by Companies House for failing to meet their associated statutory legal duties! - which amongst other things means that the Directors of them may subsequently face difficulties with being able to act as Directors or Trustees of other organisations as well as against their own personal credit ratings;
- and the number of formal complaints being made about CICs to the CIC regulator has also been doubling year on year as a proportion of all CICs on the register
So – is all well in the land of CICs? More are currently registered
every year than are being wound up, but the trends in each suggest that most CICs
currently don’t make it past 5 years. And with a growing trend of CICs
failing to fulfil their basic statutory legal responsibilities, it’s perhaps illustrative that
many are adopting this legal form on the basis of poorly informed advice and
guidance. It also perhaps suggests that CICs are approaching a plateau in terms
of their prevalence, and are not in fact the ‘magic bullet’ to solving the
sectors’ woes and concerns that many have presented them as being? (but as with all things, I’m open to being proved wrong of this...)
after sharing a link to this post with the CIC Association, there's been a clear response offered against my closing invitation to 'be proved wrong about this': http://cicassoc.ning.com/profiles/status/show?id=2691611%3AStatus%3A72861