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The application is the part everyone reads carefully. The agreement is the part that binds the organisation for the next three years, and it is routinely signed on the day it arrives because the money is waiting behind it.
Arrange a Call →A funding agreement is a contract. It restricts what the money may be spent on, imposes reporting and record-keeping obligations that usually outlive the project, and in most cases gives the funder a right to demand repayment.
Who does this work. Lexaltico LLP’s government funding and grants service is led by Mitch Parmasar, who is not a lawyer and does not provide legal advice. Where a matter calls for legal advice — a funding agreement, a governance question, a repayment demand — it is handled by a lawyer at Lexaltico LLP. The firm is responsible for all of the work described on this page.
Yes, and before it is signed. A funding agreement defines the eligible uses of the money, the reporting schedule, how long records must be kept, whether the funder may audit, what happens to unspent funds, whether the project may change, who owns anything created with the funding, and the circumstances in which the funder may require repayment. Those terms are usually presented as standard, and much of the time they are, but knowing what has been agreed is not optional — the one thing that cannot be done is discovering the terms during an audit.
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Government funding agreements — sometimes called contribution agreements, transfer payment agreements or grant agreements — follow a recognisable shape. There is a description of the funded project, usually incorporating the application by reference. There is a budget, often broken into categories with limits on moving money between them. There is a schedule of payments, frequently tied to reporting milestones. And there is a set of covenants running from the recipient to the funder.
It is the covenants that do the work. They typically cover eligible expenditure, reporting, records and retention, audit and inspection, insurance, acknowledgement of the funder in public materials, compliance with applicable law, and notification of changes. Breach of any of them can trigger the remedies clause, which normally includes suspension of payments and repayment of amounts already advanced.
Eligible-use clauses define what the money may be spent on, and they are narrower than most recipients assume. Expenditure that is plainly sensible — a staff member’s time on a related task, equipment that will outlast the project, an overhead allocation — may still be outside the categories the agreement permits.
Where a category is ambiguous, the time to resolve it is at signature, in writing, not at audit. A short exchange with the programme officer confirming that a class of expenditure is eligible, kept on file, is worth a great deal two years later.
Reporting schedules are usually specific as to form and date, and late reporting is the most common trigger for funder action. Record-keeping clauses generally require that supporting documentation be retained for a stated period after the end of the project and be produced on request.
That retention period routinely outlasts the staff who ran the project. An organisation that has archived or discarded the records cannot answer an audit, and the practical consequence of being unable to substantiate expenditure is usually that the funder treats it as ineligible.
Most agreements give the funder, or an auditor acting for it, a right of access to records relating to the funded project. Some are drafted more broadly than that and reach the recipient’s books generally. The distinction is worth noticing before signing, particularly for an organisation with several funders or with commercially sensitive information.
Audit clauses commonly survive termination and continue for the retention period. An audit arriving after a project has closed is ordinary rather than exceptional.
Where funding supports development work, the agreement will usually address intellectual property. Terms vary widely: some are silent, some require a licence back to the funder, some require that results be made publicly available, and a few purport to assign ownership.
For a business, this can be the most valuable term in the document and it is often the least examined. Funding that produces software, a process or a design, on terms that give the funder rights in it, may be considerably more expensive than it appears. This is a clause to read closely and, where necessary, to negotiate.
Repayment provisions generally cover unspent funds at the end of the project, amounts spent outside eligible categories, and amounts advanced where the recipient is in breach. Some agreements provide for repayment on demand with interest. Termination clauses may permit the funder to end the agreement for convenience as well as for cause.
Directors’ personal exposure is worth a specific look. Most government programmes do not seek personal guarantees, but some smaller and private funders do, and a guarantee converts an organisational obligation into a personal one. It is usually negotiable and frequently refusable.
We read the agreement against the application, because the two have to be consistent and often are not. We identify the obligations that continue after the project ends, the terms that carry real risk, and the points that are worth raising with the funder, distinguishing between what is genuinely negotiable and what is not.
The output is a short note the board or the owner can act on: what you have agreed to, what to be careful about, what to ask the funder to change, and what to put in place internally so the obligations are actually met. This is legal work and is done by a lawyer at Lexaltico LLP. Fees are quoted and agreed in writing before work begins.
Our lawyers offer an introductory call for most matters. Call, email, or book online. Do not sign anything before speaking with us.
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