Setting Up Your Commons Association for an ELM Agreement

 The Governance Structures you need in place to apply for an ELM / SFI / CS Scheme

• Form an Association / Appoint an Administrator / Create an Incorporated Entity

  You will require Officers unless there are fewer than five beneficiaries from an agreement in which case the RPA accept an Administrator. We recommend in all cases there is a voting mechanism to change the Administrator and the Officers and that the Administrator does not have conflicts of interest. 

• Register as a Customer with the Rural Payments Agency

  The Commons Group will need to have its own SBI (Single Business Identifier). If you have been in a previous agreement such as UELS or HLS or CS then you will already have an SBI even if your agreement has now ended.

•  Agree Authorised Persons Signatories

  Who will be authorised sign documents on behalf of the Group? It is recommended there are two signatories though RPA will require one appointed person.

• Arrange Banking Facilities

  You will have to provide the RPA with your banking details. Click here for more details on your options.

 Nest Steps for Governance once you are on the way to an Agreement with Defra / RPA

• Agree a Constitution

  This is essential but needn’t be finalised until the agreement is in draft– most solicitors who draft internal agreement have standard constitutions that are tailored to the circumstances of you Association or Group.The form will depend on the structure of your ‘Group’. You will need to include details on the following topics in your constitution:

• Penalties

• Capital Works

• Disputes

• Grazing Rules

• Other Rules