Approach to costs
Solicitors at Humphreys & Co. always aim to approach
legal work in a financially-disciplined way. We offer
competitive rates. Our charging approach is both transparent
and geared to the options open to our clients. Our
solicitors generally charge by reference to time spent but
we can often agree fixed fees for specific work or in some
cases risk-adjusted funding structures.
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Academy Trusts
Humphreys & Co. can assist you in incorporating your Academy Trust
following the Articles of Association approved by the DfE as suitable
for a school which intends to convert to an Academy Trust.
Academies are publicly funded independent schools, free from local
authority control, in accordance with the Academies Act 2010. Other
freedoms include setting their own pay and conditions for staff,
freedom from following the National Curriculum, and the ability to
change the lengths of their terms and school days. They are signatories
to a revised Funding Agreement (the contract between the Secretary of
State and the Academy Trust that is signed before a converting school
becomes an Academy) in such areas as target setting and the delivery of
14-19 education. Academies will receive the funding they would normally
get from the Dedicated School Grant via the Schools Forum of their
local authority plus an extra grant intended to cover the cost of
services previously provided from the other collective services of the
local authority.
An Academy Trust is a private charitable company, with the Members'
liability limited by guarantee (£10.00). The Academy Trust must be
incorporated before you can sign the new Funding Agreement with the
Secretary of State, as the contract is between this Academy Trust
company and the Secretary of State.
In practice it will be for the members of the converting school’s
Governing Body (in consultation with the converting school’s
Foundation, if you are a Foundation or Voluntary school with a
Foundation) to decide who should be the Members of the Academy Trust
and who should be the Governors. It is possible to be both a member and
a governor, but the Department for Education (DfE) recommends that the
number of members is kept relatively small. The Governors of the
Academy Trust are Directors in accordance with the Companies Act and
Trustees in accordance with the Charities Act.
The exact composition of the Board of Governors/Directors of the
Academy Trust is a matter for agreement between the Academy Trust and
the Secretary of State and will be set out in the Articles of
Association, which will be attached to the Funding Agreement for each
Academy. There is scope for flexibility, to ensure the Board of
Governors/Directors of the Academy Trust constitution meets the aims of
all concerned, but there are certain minimum requirements concerning
the number of parent governors and a restriction on the proportion of
governors who can also be Academy employees or "connected" to the Local
Authority.
Our Academy Trust Pack, which we will prepare on your behalf as part of the incorporation process, includes:
- Certificate of Incorporation;
- Draft Minutes of a First Meeting of the Board of Directors;
- Draft Form of Application for Membership by a New Member;
- Company form AA01 (to change the company's accounting reference
date, if necessary: the accounting reference date will be the end of
the month in which the anniversary of the Academy's incorporation
falls, unless changed);
- Six bound copies of the Memorandum and Articles of Association;
- Company kit box and loose-leaf company registers (Statutory Registers and Certificates of Membership); and
- Company Plier Seal in protective pocket.
The
Memorandum of Association sets out the name of the Academy Trust and
provides the names and signatures of the subscribers who wish to form
the Academy Trust and become its first members in accordance with the
Companies Act 2006. The Articles of Association prescribe for the
internal management, decision making and general running of the Academy
Trust and address its liability. The Memorandum and Articles of
Association will be annexed to the funding agreement application for
each Academy.
To discuss the
incorporation of an Academy Trust further or to start the incorporation
process please do not hesitate to contact us.
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Accessibility
We take instructions from UK & international clients. Our independent lawyers are available by email, telephone & fax. With central Bristol offices we are just 90 minutes from London by road or rail and 15 minutes from Bristol International Airport. We can travel to meetings if required.
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Independent approach
We are an independent professional law firm here, not a legal factory turning out mass-produced products. In our experience, determined case-handling is more likely to produce effective results.
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Turnaround time
Solicitors at Humphreys & Co. look to input not only
careful legal work and precision but also the determination
to keep matters moving. They aim to work in clients' real
interests with energy and pragmatism.
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Communication skills
Solicitors at Humphreys & Co. always try to open up the
legal process by giving advice and explaining options to
clients in a concise and straightforward way, identifying
clear courses of action whatever the technical or legal
complexities of the subject. |
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