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Test 1: Infrastructures

We wanted to test whether establishing a legal architecture in synergy with governing, learning, organising and ecosystem strategy systems

What we tested

  • Built a sandbox environment – a simplified version of a complex collaboration – to test the systems, including the legal architecture.
  • Prototyped a contractual legal form (with the aim to not create an entity) where the funder could be a party, intending to replace the need for separate funding terms and conditions (aiming to still meet charitable obligations). Worked with funders to reduce risk of funder override of governance deep codes.
  • Designed the legal architecture as part of a deeply coded wider “full stack” (governing, learning, organising and ecosystem strategy systems), laid out in a contract and a digital portal/directory. Collaborators were partly onboarded.
  • Investigated the viability and limits of this legal form with tax and corporate law advisors.
  • The wider systems have to date been part tested by the collaboration

What we didn't test

  • Only gave minimal attention (“just enough”) to organising, learning and ecosystem strategy, to focus on legal architecture and governance.
  • Did not test legal architecture in full complexity :
  • Sectors: included philanthropic and civil society actors, but not public sector or universities.
  • Jurisdictions: limited to England, Scotland and Wales.
  • Risks: low exposure to data, safeguarding or IP risks.
  • Scale: fewer than 10 organisations involved.
  • Did not stress test legal mechanisms in court, so full legal implications and interpretations remain unknown.
  • Did not stress test governing mechanisms such as evolving role cards or IP registers.
  • Did not fully onboard collaborators into the daily operation of the system.

Related tools:

example
Experimenters logbook

Experimenters logbook

Log book from the legal design perspective of the things tried and tested in the proof of possibility

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example
Many-to-Many Agreement

Many-to-Many Agreement

Showcases the contracting approach, the deep code shifts and the legal commitments made in our Proof of Possibility.

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example
Role Cards for Flexible Governance

Role Cards for Flexible Governance

Supports the development of flexible power, responsibility, accountability and risk-holding.

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