There has been a lot of discussion recently on social media about the structure of the club, the present financial situation and the plans going forward beyond the end of this current season. The club is presently controlled by a Community Interest Company which is a member's company limited under guarantee. There are no shares with the control vested in the members, with the day to day control resting with the directors. The liability of each member is limited to £10 being the amount that each member undertakes to contribute to the assets of the Club in the event of its being wound up while he/she is a member, or within one year after he/she ceases to be a member. Given the varied discussions that have taken place an Extraordinary General Meeting has been called for, which will be held on the 12th April 2019 at which time
the circumstances surrounding the discussions that have taken place will be considered, and various proposals that are being made in respect of the club's future will be examined.

A Community Interest Company (or CIC) is a special form of non-charitable limited company, which exists primarily to benefit a community, or with a view to pursuing a social purpose, rather than to make a profit for shareholders. As stated the control of the company is with the members acting under the club's Memorandum and Articles of Association. Herne Bay Football Club became a CIC in February 2012. However once registered a CIC cannot be converted into an ordinary company, with limited other options available if the CIC vehicle proves unsuitable where circumstances change. A CIC can only be dissolved altogether.

If it is the wish of the members at the EGM that the CIC should be dissolved and a new private limited liability company under shares be established as from the start of the new financial year 1st June 2019, either under an agreement of the members instigated by the present directors, or under a new structure established by one of the alternative proposals being placed before the EGM, the CIC can be voluntarily dissolved under section 53 of the Companies Act 2004. However there are a number of criteria that must be met before a CIC will be eligible for dissolution. The company cannot have been trading or carrying on business in the three months prior to the request, therefore the actual dissolution could not happen prior to the 1st September 2019. There cannot have been a change to the name of the CIC in the previous three months and the CIC cannot have been taking part in any activities other than those relating to carrying out the dissolution.

It is clear that there are serious issues to be considered in dealing with the situation surrounding the football club and the first step is to obtain some clear and concise decisions from the EGM on the 12th April 2019.