Good governance is fundamental to any well-run organisation. It is the foundation on which all of the work of an organisation is carried out and an opportunity for the board and senior management to set an example for the rest of an organisation to follow.
Our leading governance experts understand your business, and the complex legal and policy environment in which you operate. We will provide you with pragmatic solutions which comply with the regulations that apply to you.

How can Capsticks help?

  • Housing governance and charity law

    We can assist with the full range of governance and regulatory queries, including:

    • corporate structuring work, including mergers, intragroup consolidations, new group structures, conversions and incorporations.
    • registration of new vehicles such as for-profit RPs, trading subsidiaries, development companies, design and build companies and cost-sharing vehicles.
    • matters of compliance with the regulatory standards, including issues of self-reporting to the Regulator and serious incident reporting to the Charity Commission.
    • strategic advice and matters of internal governance, such as the implementation of a delegatory framework and standing orders, the amendment of constitutional documents and the review of specific policies.
    • advice on common governance and regulatory issues such as queries on the management of conflicts of interest, board appointment and tenure, disposals of charitable property or social housing and charitable investment rules.
  • Regulatory compliance issues

    We work closely with the Regulator of Social Housing, and maintain regular contact with them to ensure that we are fully aware of areas of focus that may impact our clients. We regularly advise registered provider (RP) boards on the requirements of the Regulatory Framework and in relation to potential regulatory breaches, giving clear practical advice with recommended actions.  This has recently, for example, included advice on potential non-compliance with the rent standard and governance failings.

  • Constitutional issues/group structure

    Our team has specific expertise in relation to constitutional requirements for Registered Providers including the drafting of constitutional documents, establishing new legal structures, and facilitating mergers and joint ventures.

    We recognise that our clients work in diverse areas and this is often reflected in their constitutional requirements. We regularly advise on group structures (including creating new legal structures, establishing subsidiaries and trading companies); mergers with other providers or charities and joint ventures with third parties (including the provision of intragroup arrangements and working alongside tax and other consultants); and constitutional documentation (including rules, articles of association, charity constitutions and secondary documentation such as terms of reference and standing orders).

  • Health governance and risk management

    Good governance and risk management is important in any organisation, but especially for those working in healthcare. We are well versed in addressing the challenges presented in the healthcare setting advising on clinical risk and governance to organisations ranging from hospitals to major private healthcare providers, small independent clinics and specialist areas such as medical teams in elite sport. With our expertise in risk management and healthcare, we’re able to help organisations looking to put effective governance in place and adopt systems for good practice across a range of areas.

    We have worked with health providers to prepare for CQC inspections as well as helping to prepare policies around record keeping, safeguarding and data governance. Using our experience in insurance litigation we have also advised private and public sector clients on appropriate indemnity provisions being in place to provide suitable protection in the event of a legal claim. Our holistic approach builds upon our wide ranging experience in healthcare to give our clients bespoke governance support needed in an ever-changing landscape.

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