We advise Headteachers and Governors on the terms of the Transfer Agreement and what to do in practice to transfer assets and contracts from the existing school to the new academy.
What is the Transfer Agreement?
The Transfer Agreement is a model document produced by the DfE to be entered into between the Local Authority, old school and new academy.
Why does the school need a Transfer Agreement?
The purpose of the Transfer Agreement is to document the transfer the assets, contracts and staff of the old school to the Academy Trust which will operate the new academy. The Academy Trust is a charitable company limited by guarantee. As such, it is separate and distinct from its predecessor school. This means that assets, contracts and staff of the predecessor school have to be identified and transferred to the Academy Trust.
The Transfer Agreement usually also contains assurances from the Local Authority (and the old school where appropriate). For example, in relation to staff and Criminal Records Bureau checks. Plus, it deals with the apportionment of liabilities between the Local Authority, old school and new academy.
In connection with the Transfer Agreement the school’s assets and contracts to be transferred need to be identified. We can help you to establish who owns those assets and how best to transfer them to the academy. For example, you might need a third party consent to transfer a contract or you may need to enter into a new contract. Accordingly, you need to identify all of those assets and contracts as part of the work to finalise the Transfer Agreement.
The Transfer Agreement is conditional on the Funding Agreement. This means that the Transfer Agreement does not take effect until the Funding Agreement is completed.
