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Last revision: 06/07/2024
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Fill out the templateThe 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.
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.
Quorum refers to the minimum number of members who must be present for a valid meeting to be held.
Dissolution refers to the termination of or bringing the association to an end.
The rules of an unincorporated association should contain the following information:
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.
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).
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).
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A guide to help you: Signing Documents in England and Wales
Rules for an Unincorporated Association - Template
Country: United Kingdom