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Introducing the Land Partnership A Co-ownership Approach Chris Cook London 23 May 2009 07/06/22

Community Partnerships 23 05 09

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Page 1: Community Partnerships  23 05 09

Introducing the Land Partnership

A Co-ownership Approach

Chris Cook

London

23 May 2009

10/04/23

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We live in Interesting Times…..

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….some say, “the end of the financial system as we know it”

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Most people have now heard of Peak Oil....

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….but in 2007 we reached the point of Peak Credit....

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...when the Irresistible Force of economic growth….

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...met the Immovable Object of finite resources...

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Where did it all go wrong?

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To find out, we need to understand what banks actually do....

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A Bank is a Credit Institution which creates credit as interest-bearing loans....

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... a Pyramid of Credit, on a base of “Regulatory Capital”...

Bank Credit

BankEquity

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...and this Credit constitutes >97% of the money we use....

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..but a Bank does not lend pre-existing money….

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….it creates new money as interest–bearing credit….

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….which is then deposited back into the system

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But a Bank’s true economic function….

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...is as a Credit intermediary or middleman...

Borrower LenderLender£

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...stepping between borrower and lender...

BankBorrower Lender(Depositor)Lender

(Depositor)£ £

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…and guaranteeing that the borrowers’ credit is good…

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Interest is charged for the use of the guarantee

Bank

Interest

BorrowersBorrowers

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..from which Interest is paid to Depositors..

BankBank

Interest

Borrowers

DepositorsDepositors

Interest

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...Defaults and Operating costs deducted...

BankBank

Interest

BorrowersBorrowers

DepositorsDepositors

InterestCosts

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..and a profit to Investors normally results

BankBank

Interest

BorrowersBorrowers

DepositorsDepositors

InterestCosts

InvestorsInvestors

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Demand for Credit has been so high…

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….that Banks began to “outsource” their guarantee to rid themselves of risk.

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…and thus allow Equity to support more credit creation

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Banks outsourced risk totally – through “securitising” debt and sale to investors….

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…temporarily – with “Credit Derivatives” (a time-limited guarantee)….

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…and partially – using credit insurance from insurers such as AIG

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The Result is a bigger Credit Pyramid than Banks alone could sustain…

Investor Equity

Credit

BankEquity

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…and a “shadow banking system” of Investors with “sliced and diced” risk…

Investor Equity

Credit

BankEquity

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This extended Pyramid of Credit funded the “Mother of all Bubbles” in US property prices….

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…and servicing this credit finally exceeded the financial capacity of the US population...

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…..at the point of Peak Credit

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In August 2007, the Bubble started to deflate and attention turned at last to defaults …

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…but by now no-one knew where the risk lay…

Investor Equity

Credit

BankEquity

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Banks started to think, “if this is what our balance sheet looks like…..”

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“…what does everyone else’s look like…..?”

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...and Banks stopped lending to each other

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The Result?

Equity

Credit

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Governments have ensured that there is no shortage of money - liquidity

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The problem is a shortage of credit-worthy people to whom to lend it

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Credit is both scarce and expensive….

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…Central Banks are irrelevant….

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…and further defaults in the shadow banking system…..

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….will continue to drain money out of the system in a “deflationary spiral”....

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….leading inevitably to a Depression....

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So much for the Credit Crunch

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Might the solution lie in investment, rather than debt?

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When we talk about Investment we mean either “Equity” in a Limited Company....

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....a 19th Century legal dinosaur

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....which is what makes the private sector “Private”

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...or we mean Debt secured by legal claims eg mortgages

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...giving two conflicting claims over the same productive asset

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But there’s a new furry animal out there....

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...the 21st Century Limited Liability Partnership (LLP)

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An LLP is a corporate body with limited liability....

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...and...errrr...that’s it!...

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As far as the Tax Man is concerned it is a Partnership

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It’s an “Open” Corporate where we can work with each other

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... even without a written agreement

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…and it is turning up all over the place ...

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...even in the Public Sector, where Glasgow now has 4 municipal LLPs

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The Hilton Deal was the first example I have seen of a “Capital Partnership”...

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Capital Partnership - Hilton Deal 2002

Capital Partnership LLP10 UK Hotels

Gross Revenues

Hilton GroupCapital User

Consortium LLP Capital Provider

Bank PropertyDeveloper

HotelSpecialist

% %

%%%

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This is how it works....

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Firstly, ownership of productive assets is transferred to a “Custodian”....

AssetsAssets CustodianCustodianOwnership

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…then Investors put in Financial Capital in money, or “money’s worth”…

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AssetsAssets

Investors

CustodianCustodianOwnership

Financial Capital

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…Managers put in Human Capital of time, expertise and experience....

AssetsAssets

Investors Managers

CustodianCustodianOwnership

HumanCapital

Financial Capital

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…and Users pay for the use of this Capital…

AssetsAssets

Investors

Users

Payment

Managers

% %

CustodianCustodian

Use

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…resulting in a “Capital Partnership”

AssetsAssets

Investors

Users

Managers

CustodianCustodian

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A “Capital Partnership” enables new forms of Equity…

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Equity Shares - proportional (%age) ”n’ths” such as billionths.....

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…..which may be bought and sold, but never redeemed, because there must always be 100%

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Redeemable Units – eg in Kilo Watt Hours;

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...with a value in exchange, but with no continuing rights to production

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Units hold their value because they are asset-based on value provided by the issuer …

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….rather than being deficit-based upon a claim over value issued by a Bank

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How might Radical Routes members make use of a Land Partnership?

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Let’s look at financing an existing Co-operative

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The existing Co-operative entity is the Custodian

Houses CustodianCustodian

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An affordable rental is set and index-linked

Houses

OccupiersOccupiers

CustodianCustodian

Rental

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The beauty of affordable rents is that failure to pay is by definition unlikely

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A Manager may receive a proportional Equity Share in the rentals....

Houses

OccupiersOccupiers

Manager

CustodianCustodian

%

Rental

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....so that with a stake in the outcome he has an interest in doing a good job...

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....the rest is divided into % Equity Shares or “nth’s” and sold to Investors

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Result - a Land Partnership

Houses

Investors

Occupiers

Managers

CustodianCustodian

% %

Rental

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Occupiers may invest in Units simply by paying more rent than is due

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...and then if they wish, they can simply pay their rent in Units, rather than £

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The result is a new form of Co-ownership between Occupiers and Investors

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Co-owner Occupiers who maintain property may be given Units as “Sweat Equity”

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Co-owner Investors receive an index-linked, property-based return...

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..with low risk, since affordability=certainty..

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...perfect for long term investors looking for a low risk investment

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Financial Outcome – Mortgage of £200,000

25 year loan at 6% gives repayments of £15,600 pa

Plus maintenance

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Financial Outcome – Investment of £200,000

Initial Capital Rental @ 3% gives rental of £6,000 initially, rising with inflation

Sinking fund over expected life of the building (land does not depreciate) – say 2% of £100,000 building value = £2,000 initially

Plus maintenancePotential for an additional Land/Location Rental

possibly Income related (cf Corani solidarity scheme)

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A Land Partnership is not an Organisation...

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...it does not own anything, do anything, employ anyone, or contract with anyone...

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...it is a framework agreement within which Members self organise

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For instance, Investors and Occupiers are both interested in Value for Money....

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...but finding a buyer for Units does not concern Occupiers...(unless they are also Investors)...

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...whereas Investors don’t care how loud the Occupiers play music

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Firstly, the Land Partnership agreement sets out the relationship between Member groups

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...then each member group has a sub-agreement “Club Rules” for matters that concern them

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So let’s replace conventional secured debt with a new form of Community Equity...

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...simply by Unitising pools of Rentals

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…and turn the Pyramid the right way up!

Management Equity

Investor

Units

Community Equity

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It’s not Rocket Science

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Thank You

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