ARTICLE
22 June 2018

Clubs, Unincorporated Associations And Risk: Thank You Dad

B
Brodies

Contributor

Brodies logo

We have the capability and expertise to deliver mandates with global reach, uniting specialist perspectives from across our firm to offer bespoke legal solutions and advice, resulting in impactful outcomes for our clients. With offices in London and throughout Scotland, and a global network of partner firms , we are well-equipped to support clients around the world.

It's Father's Day. I visited my father today. We got talking about unincorporated associations. Clearly my chat needs to improve.
United Kingdom Corporate/Commercial Law

It's Father's Day. I visited my father today. We got talking about unincorporated associations. Clearly my chat needs to improve. It gave me an opportunity to rehearse my regular speech on unincorporated associations being, as a rule of thumb, bad legal structures to be part of. And that is the case whether we are looking at a charity or club or anything else.

In general, unincorporated associations are to be avoided when thinking about the legal vehicle for your organisation at its inception. Again, in general, all existing unincorporated organisations will wish to consider if they should escape the world of the unincorporateds and become a corporate entity – usually either a Scottish Charitable Incorporated Organsiation or a company limited by guarantee. A Community Interest Company might be suitable for some organisations.

As I have gone through the reasons unincorporated associations are 'bad' and risky to be a member of once today, I will not go over it all again now. If you are involved with an unincorporated association (either maybe setting one up or an existing organisation) get in touch to hear the potential dangers of them, and more positively the ways to get a better legal structure to help your organisation flourish and protect and attract its members and others. This applies to various things including charities, clubs, sports organisations, school clubs, membership groups......

Thanks dad for lots of things... including inspiring this blog!

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

[View Source]

Mondaq uses cookies on this website. By using our website you agree to our use of cookies as set out in our Privacy Policy.

Learn More