The streamlining process has been developed to streamline simple sale transactions where one of the Methodist panel solicitor firms (Panel Firm) is to be instructed by Managing Trustees (the Streamlining Process).
| Further to feedback received since the launch of the Streamlining Process for sales we have adapted the Check-In One Checklist (Checklist). The amended Checklist is intended to help you to recognise what issues you need to tell us about at the Check-In One meeting and to streamline the Check-In One process. The Checklist is now in three parts: Section A (documents to provide to us), Section B (questions for you to complete) and Section C (questions to consider before the meeting and complete if you wish. These questions will form the focus of the Check-In One meeting and we will complete them with you).
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Please refer to the Summary Flow Chart which provides an at a glance guide showing the six stages of the Streamlining Process, the key steps for Managing Trustees to take and when and how TMCP and your professional advisors will assist you.
| Important to note: You should contact TMCP when the Managing Trustees first make the decision to sell before:
Please remember that before making the decision to sell, Managing Trustees are encouraged to refer to the new "Strategic Guidance for Property in Mission" (particularly the questions referred to in paragraph 3.3 of the strategy). Managing Trustees should satisfy themselves that sale is the best option for them to take. Please refer to the Strategic Guidance for Property in Mission and talk to the Circuit, District and the Connexional Team for further help and support.
TMCP has been asked to draw the Strategic Guidance for Property in Mission to Managing Trustees attention to ensure they have considered the Strategy and are satisfied that there is no longer any viable use for the property whilst remaining under Methodist ownership. We have removed Annex A from the Check-In One Checklist (which previously set out the questions in the Strategy) and will simply ask you to confirm that the Strategy has been considered at the Check-In One Meeting (new section C, question 3).
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Stage 1 – Pre-Marketing - “getting the right initial pre-marketing advice at the right time”
This Streamlining Process asks Managing Trustees to contact TMCP when they first make the decision to sell, after first considering the Strategic Guidance for Property in Mission. When you contact us we will ask you to complete a checklist which sets out information and documents we would like you to provide to us about the proposed sale (Checklist). On receipt we will arrange a conversation with you; “Check-In One”. At Check-In One we will discuss with you any legal or Methodist issues that may have come to light through the documents or responses you provide to us focusing on section C of the Checklist. The intention is that the Checklist and Check-In One meeting will help to identify any matters that need to be addressed as early as possible. This should help Managing Trustees to identify if they need to involve the panel solicitor at the beginning, to perhaps deal with any covenants/easements on the title to the property for example, and to ensure that the surveyor has the right information to hand to prepare the Qualified Surveyor’s Report. By getting the transaction off on the right track it is hoped that by the time a buyer is found this should help the sale run as smoothly and as cost effectively as possible.
=> Action for Managing Trustees to take: Notify TMCP and provide Check-In One information
What do Managing Trustees need to provide to TMCP in readiness for Check-In One?
Please access the Check-In One Checklist on the TMCP Website, provide the documents listed in Section A, complete the questions in section B and consider the questions in section C. Please email the checklist to legal@tmcp.org.uk together with the documents referred to.
How do we complete the Checklist?
Section A: Please indicate which documents you will be sending to us.
Section B: Please complete the sales information in section B.
Section C: Section C sets out legal issues we will discuss with you at Check-In One. The questions are intended to help Managing Trustees consider the wider legal context that may impact on a property sale. It would be helpful if Managing Trustees can consider section C before Check-In One so that you have all the information you need to hand when we have the Check-In One meeting. It will also help us in identifying whether we have any further information on our files. We can identify at the Check-In whether you need any professional advice before proceeding with the next stage of the Streamlining Process.
What happens next?
Please email us with the completed Checklist and any documents indicated in Section A of the Checklist. We will contact you to arrange Check-In One.
When you email us, please indicate how you would prefer Check-In One to happen e.g. via Teams, Zoom or telephone and if there are any particular days to avoid. If any of your fellow Managing Trustees wish to be present, please let us know and provide their contact email.
In some cases, Managing Trustees do not wish to have a Check-In One meeting at all. If this applies to you, we encourage you to email us a complete Checklist together with the documents listed in section A and ask for a short call with the legal officer or case worker dealing with your sale, or indicate that you simply wish for us to respond by email confirming you can proceed to instruct your qualified surveyor.
What do we do if we cannot provide the documents/confirmations requested in this Check-In One Checklist?
If you have any questions about the Checklist please contact legal@tmcp.org.uk. If you are unable to provide some of the information or require further guidance on the issues to see whether they impact on your sale, please complete the Checklist as much as you can and return it to us indicating any areas you are unsure of in the covering email. We will then arrange a preliminary “Check-In” where we can go through the requirements with you and help to explain any questions you may have. We may need to arrange a full “Check-In One” meeting at a later date if you do need to go away and find additional information/documents.
What will happen after Check-In One?
- We will provide you with initial sale guidance setting out the next steps to be taken.
- We will provide you with a completed Check-In One Checklist for your records and ease of reference which will provide key information that you should pass onto your surveyor to ensure that the surveyor produces a Charities Act 2011 compliant Qualified Surveyor’s Report (QSR).
- We will confirm:
EITHER:
1. You do not require any initial legal advice and are ready to instruct your surveyor to prepare the QSR and log the project on the Property Consents Website (if you have not done so already). In this case we will provide you with links to the Template QSR and Template Surveyor Instruction Letter (available on our website);
OR
2. You do not require any initial legal advice but need to take some initial steps before instructing your surveyor. In this case we will highlight what these steps are;
OR
3. You need to obtain initial advice from your solicitor/surveyor now before taking any further steps. We will confirm the advice you require as discussed at Check-In One.
| If you need to instruct a Panel Firm at this point, we will provide you with details of the ID Questionnaire that will need to be completed to enable the Panel Firm to start acting for the Managing Trustee body as its client. |
Please refer to the Summary Flow Chart and the accompanying guidance for details of the steps to be taken by the Managing Trustees as part of the Pre-Marketing Stage.
v2.0 11-May-2022
If you have any queries in relation to the guidance in this document please contact TMCP Legal for further assistance.