Social Enterprise & Social Finance

As one of Canada’s leading law firms in charity & not-for-profit law, Carters advises charitable and non-profit organizations, as well as social entrepreneurs looking to make a positive impact in the community by serving social purposes that go beyond financial returns.

Carters has extensive experience advising international, national and regional charities, not-for-profits, and for-profit hybrid corporate structures and mandates aimed at social good, and assists clients who engage in social enterprise and social finance with all legal aspects of incorporation, tax, governance, financing, including funding arrangements and sustainability performance goals.

Carters provides an integrated approach that combines our expertise in other areas of law, including charity & not-for-profit law, business, privacy, intellectual property, Information technology, risk management and litigation, in order to adapt our legal solutions to the innovative approaches to social enterprise envisioned by our clients.

Our services for socially-minded organizations and entrepreneurs include:

Social Enterprise
Social Finance
Charity & Not-for-Profit Law

Lawyers

Terrance S. Carter
Terrance S. Carter
Partner
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Luis R. Chacin
Luis R. Chacin
Associate
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Nancy E. Claridge
Nancy E. Claridge
Partner
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 Jacqueline M. Demczur
Jacqueline M. Demczur
Partner
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Jennifer M. Leddy
Jennifer M. Leddy
Partner
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Theresa L. M. Man
Theresa L.M. Man
Partner
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 Esther S. J. Oh
Esther S.J. Oh  
Partner
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 Ryan M. Prendergast
Ryan M. Prendergast
Partner
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Esther Shainblum
Esther Shainblum
Associatie
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Publications
Proposed New Uniform Public Appeals and Crowdfunding Act
By Terrance S. Carter and Luis R. Chacin, Charity & NFP Law Bulletin No. 455, October 29, 2019.
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Guidance on Social Investments Released by the Ontario PGT
By Terrance S. Carter and Luis R. Chacin, Charity & NFP Law Bulletin No. 426, August 31, 2018.
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The Investment Spectrum for Charities, Including Social Investments
by Terrance S. Carter, The Ontario Bar Association Institute, February 6, 2018.
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Bill 154 To Permit "Social Investments" In Ontario
By Terrance S. Carter, Charity & NFP Law Bulletin No. 407, September 28, 2017.
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Speaking Engagements & Seminar Materials
Investment Challenges and Opportunities for Charities, Including Donor Advised Funds
presented by Terrance S. Carter at the Estate Planners Council of London on October 21, 2019.
Evolving Trends in Philanthropy and Planned Giving: More Thank Just Charitable Donations
presented by Terrance S. Carter at the STEP Canada - Ottawa Branch on October 16, 2019.
Going into Business? The Social Enterprise Spectrum for NPOs and Charities
presented by Terrance S. Carter at the CSAE Winter Summit in Hamilton on January 19, 2017.
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Social Enterprise

The meaning of “social enterprise” varies and has evolved over time, depending on the context in which this term is defined. In general, a social enterprise can be understood as an organization that uses a business management approach to generating revenues with a social purpose. 

A social enterprise can be organized as a charity or not-for-profit, which can be structured as trusts, unincorporated associations, or corporations, usually as non-share capital corporations. A social enterprise can also be organized as a for-profit corporation with a governance structure defined by its social purpose. British Columbia and Nova Scotia have a special legislative framework for social enterprises. The choice of structure will depend on many factors, including the purposes of the proposed organization, how the organization plans to raise funds, and the tax regime governing the organization. 


Social Finance

Social finance refers to investments intended to create a measurable social impact while at the same time generating financial returns. Other terms often used in this context are socially responsible investing, impact investing, and social investing. However, each term also refers to particularly different contexts.

Social finance encompasses the perspectives of the organization or persons raising capital for a social purpose as well as the perspectives of organization or persons, including government, providing social finance capital. A key element of any social finance arrangement is the manner in which the mandate to achieve the social purpose is adopted, implemented, and measured.