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One of the biggest issues facing collaborative business networks is what legal form they should take. Too loose and they lack accountability and robustness but too tight and they become hamstrung and inflexible. Enter the Unincorporated Association and the Consortium Agreement.

According to David McIlwaine of the international law firm Pinsent Masons there is now a new legal form known as an “Unincorporated Association” (UA) which may be ideal for many networks.

A UA is very flexible and easy to setup: all that needs to happen is that the members commit to a ‘Consortium Agreement’ which typically covers the following:

1. Objectives


2. How to become a member


3. Membership Fees


4. Meetings and Voting Rights


5. Role of Management Committee


6. Responsibilities for Business Development


7. Responsibilities for managing finance


8. Confidentiality and IPR


9. Disputes


10. Liability of Members (and brokers)


11. Exit of Members

A UA does however have unlimited liability: if this is a problem for the network they should consider a “Company Limited by Guarantee”(CLG).

See also Collaboration: legal frameworks available.

Bioteams Books Reviews

BIOTEAMS book just published

March 5, 2008 | article by Ken Thompson in Book Reviews (37)

You followed the blog; you listened to the podcasts; you watched the movies; now read the book! “Bioteams: High Performance Teams Based on Nature's Most Successful Designs” is now available from Amazon.

Buy it now from:
Amazon.Com
Amazon.Co.UK

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