Rules for an Unincorporated Association

What are rules for an unincorporated association?

The rules for an unincorporated association set out rules that will govern an unincorporated association like a club, society or charity. These rules can be used to create a broad range of unincorporated associations, with multiple different membership classes. The rules for an unincorporated association can also be called it's constitution.

 

Is it mandatory to rules for an unincorporated association?

No, there is no legal requirement to have rules for an unincorporated association. However, it is good practice to have formal rules or a constitution created to govern the unincorporated association to more effectively and transparently manage its affairs.

 

What does Quorum mean?

Quorum refers to the minimum number of members who must be present for a valid meeting to be held.

 

What does dissolution mean?

Dissolution refers to the termination of or bringing the association to an end.

What must rules for an unincorporated association contain?

The rules of an unincorporated association should contain the following information:

• The name of the unincorporated association;
• The type of association being set up (i.e. a club, society or charity);
• The purpose of the unincorporated association;
• The criteria for membership;
• The title of officers and their duties in the association;
• Details about finances (i.e. financial calendar, accounts and auditors);
• How members will be appointed;
• How to resign from membership;
• Membership meeting details (i.e. frequency of meetings, categories of meetings etc);
• How the constitution can be amended; and
• How the association may be dissolved.

 

What has to be done once rules for an unincorporated association have been drawn up?

Once the rules have been drawn up, each member of the association should be invited to a meeting where they will be given an opportunity to understand the rules, after which they will appoint officer and make other appointments in accordance with the rules.

Each person present and intending to become a member should sign the rules, providing their name and address for correspondence. The person serving as secretary should update the membership register with the details of the persons who will be the first members of the association.

Is it necessary to register rules for an unincorporated association?

No, it is not necessary to register the rules for an unincorporated association. This is because the association is unincorporated and therefore not subject to registration rules that will affect an incorporated body (e.g. a company or LLP).

 

Which laws are applicable to rules for an unincorporated association?

The rules form a contract between the members and therefore the principles of contract law as applied to unincorporated associations will apply.

Regard should be had to the Equality Act 2010 if the association is seeking to impose membership qualifications against certain persons whose characteristics may be protected from discrimination.

If the association is to enter into contracts, caution should be exercised as to the nature of the contract and its effect upon the association and its officers. In particular the contract should contain a provision stating that the liability of the officers or other members entering into any contract for the association and the liability of any members on whose behalf the contract is made is limited to the assets of the association.

The Data Protection Act 2018 will apply to information held by the club about its members.

An association establishing itself as a trade union should have regard to the Trade Union and Labour Relations (Consolidation) Act 1992 and the Trade Union Reform and Employment Relations Act 1999. The association should apply to the Central Arbitration Committee to have the association registered as a trade union on the Certification Officer's list.

Literary and scientific associations should have regard to the Literary and Scientific Institutions Act 1854.

Friendly Societies should have regard to the Friendly Societies Act 1974 as well as the Financial Services and Markets Act 2000.

Licensing Act 2003 (for associations in England and Wales).

Licensing (Scotland) Act 2005 (for associations in Scotland).

The Licensing (Northern Ireland) Order 1996 (for associations in Northern Ireland).

 

Help from a lawyer

You can choose to consult a lawyer if you need help.

The lawyer can answer your questions or help you through the process. You will be offered this option when you complete the document.

 

How to modify the template?

You fill out a form. The document is created before your eyes as you respond to the questions.

At the end, you receive it in Word and PDF formats. You can modify it and reuse it.