My post about Mintfest – you must be bloody joking prompted this comment from LB 1968:
Many, if not most, arts organisations are limited companies. If they are registered charities, they are probably a limited company as well. This affords them the same protection as any limited company ie it limits personal liability. I don’t know what other structure you would expect them to have, given that they lease property, hire staff, etc.
They are, however, limited by guarantee, not share capital. They are not allowed to distribute dividends to directors, nor are they allowed to make a profit and this will be laid out in their Memorandum and Articles of Association. If this were not the case, they would not be allowed to apply for funding from the Arts Council or many other sources which explicitly state the type of organisations they will support.
If you are a funded arts organisation, funders will pay you when a funding bid is successful or at agreed periods during a funding agreement. This takes no account of a company’s year end so a company with a high level of cash in their bank account will most likely have received funding for its activity over the next few months. It won’t be a “profit” from the previous year’s activities because they are not allowed to make a profit. There are checks in place to ensure this is the case with funders requiring stringent reporting and copies of accounts.
Whether you approve of Lakes Alive or arts funding generally, surely it’s better to have accurate facts to support your argument?
I am always very careful what I say, it’s essential if you’re a Chartered Accountant in practice, so I would just like to make the following points:
1) My comments were not aimed at the structure which Kendal Arts International use i.e. a company limited by guarantee, but were made to highlight the fact that it’s a business not a charity.
2) LB1968 is quite right when she says “they are not allowed to distribute dividends” but they are allowed to make a profit as shown by this entry in their latest accounts

and they are allowed to pay their directors salaries.
3) My reference to the £128,000 sitting in the bank at 31 March 2011 was to point out the money available at that date. I am fully aware that it may have been received to fund future projects and did not suggest it was “profit” (a word which incidentally I didn’t use at all in my post ).
4) Finally, and this is one of my worries when public money is handed to companies such as Kendal Arts International, what “checks are in place”? Given that one of of the major donors was the NWDA I hope they are better than the ones applied to this fiasco.