Consortium Working

Creating a new independent body

One option is for the consortium to be formally constituted as an independent legal entity. This new entity is effectively owned by the various partner organisations, and can bid for and enter into contracts in its own right.

There are a variety of different operating models that can be used, but the most common is to create a company limited by guarantee, which may itself also be a charity. The individual partners participating in the consortium will be the members of the new company.

There are many advantages to creating an independent legal entity. Creating a company limited by guarantee will enable the consortium to manage risk, as the liability for the contract will be passed to the new entity, limiting the liability of the individual members to a nominal sum. As each partner organisation becomes a member of the new entity, participants may feel that the control and ownership of the project is on an equal footing as no one partner has overall control.

The arrangement also separates out the activities of the consortium from the other activity carried out by the individual partners, and makes it easier to create a new identity and brand for the partnership. However it should also be considered that at the start of the relationship the new entity will have no prior reputation or financial history to trade on, and there is therefore a chance that it may be perceived by commissioners as more of a risk than an organisation with an established brand and reputation.

Cost and resources are significant factors to take into account if you are considering this type of model. Creating a separate legal entity will be more costly than other arrangements, and will require more time and input from all partners. A new governing document will have to be drawn up, and the new company must be registered with Companies House (and potentially the Charity Commission). There will also be ongoing legal and reporting requirements for the new entity, for example the filing of annual returns and accounts, all of which will require input from each of the partners on a regular basis. Therefore if the project is small, or is only intended to run for a short period of time, this particular arrangement may not be the most cost effective option.

Contractual consortium with a lead organisation

Some organisations may prefer to enter into a contractual relationship where one organisation is designated as a lead body. The lead body is then...