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Harlow-based solicitors Whiskers representing Carly Burd issue statement

News / Mon 11th Mar 2024 at 04:17pm

THE solicitors representing a Harlow resident who is hoping to lease an allotment in Fold Croft has sent a statement to Your Harlow detailing their role in working with Ms Burd as well as stating where negotiations at present stand.

A spokesperson for Whiskers said:

“Whiskers LLP was consulted by Carly Burd in late September 2023 with regard to the re-registration of her Limited Liability Company, either as a charity or as a Community Interest Company.

Application was lodged with the Registrar of Companies to re-register the company as a C.I.C. and to adopt the Articles, as set out in Schedule 2 of the Community Interest Company Regulations 2005 and a Certificate of Incorporation on becoming a Community Interest Company was duly issued by Companies House on 15th December 2023. The Schedule 2 Articles, which have been adopted specifically, provide for the company to be a “not for profit” company, precluded therefore from making any payments of any nature whatsoever to its Shareholders. Transparency as to the activities of the company is guaranteed by means of the requirement to file a C.I.C. Report on an annual basis with the Registrar of Companies.

All the assets of the company are subject to a statutory “asset lock” in consequence of which all of the assets of the company must either be retained within the C.I.C. or used for the community purposes for which the C.I.C. was formed. Assets may only be transferred out of the C.I.C. to another asset locked body and with the consent of the C.I.C. Regulator. The objects of A MEAL ON ME WITH LOVE C.I.C. are to carry on activities which benefit the community and in particular, but without limitation, to growing fruit and vegetables and supplying food grown or donated to those in need within the community.

The intention of the C.I.C. was to grow fruit and vegetables on allotment land to be allocated by Harlow District Council.

Although the application to the Registrar of Companies to re-register as a C.I.C. was still pending, Harlow District Council was nonetheless invited to submit a draft lease/licence in respect of the allotment land as early as late September 2023.

“A draft lease was received from the Solicitors instructed by Harlow District Council, via email, on 7th March 2024. Unfortunately the first draft of the lease is unworkable and contains a number of provisions which will need to be the subject of further negotiations with Harlow Council and its Solicitors. It would not be appropriate to comment any further regarding the draft lease at this stage”.

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