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ARTICLE · 11 DECEMBER 2012

Consortium Working

This article looks at the types of legal model most commonly used in consortium working, and the advantages and challenges associated with each form.

United KingdomCorporate/Commercial Law
Caroline Reynolds
Caroline Reynolds

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

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