header-logo header-logo

Charitable confusion

25 June 2021 / Roderick Ramage
Issue: 7938 / Categories: Features , Charities
printer mail-detail
51881
Roderick Ramage shows how parliamentary draftsmen sowed confusion by trying to avoid ambiguity
  • Charities have charity trustees and might also have trustees.

The legal structure of a typical unincorporated club or association is quite simple. The founders agree, probably informally, to form it and adopt a set of rules, which is the contract between the members. The association is not and cannot be a party to the contract, because it is not a legal person. The members elect some of their number to be a committee to manage it and, as (again) the association is not a legal person but just a body of natural persons, they, or sometimes the committee, appoint trustees to hold its property and investments.

The members of the committee or some of them could also be the trustees, but it is not uncommon for the trustees or some of them not to be members. As a simplistic description, an association of this kind consists of three components, supporters and participators (members), doers (committee) and trustees.

The structure is

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Charles Russell Speechlys—Matthew Griffin

Charles Russell Speechlys—Matthew Griffin

Firm strengthens international funds capability with senior hire

Gilson Gray—Jeremy Davy

Gilson Gray—Jeremy Davy

Partner appointed as head of residential conveyancing for England

DR Solicitors—Paul Edels

DR Solicitors—Paul Edels

Specialist firm enhances corporate healthcare practice with partner appointment

NEWS
The proposed £11bn redress scheme following the Supreme Court’s motor finance rulings is analysed in this week’s NLJ by Fred Philpott of Gough Square Chambers
In this week's issue, Stephen Gold, NLJ columnist and former district judge, surveys another eclectic fortnight in procedure. With humour and humanity, he reminds readers that beneath the procedural dust, the law still changes lives
Generative AI isn’t the villain of the courtroom—it’s the misunderstanding of it that’s dangerous, argues Dr Alan Ma of Birmingham City University and the Birmingham Law Society in this week's NLJ
James Naylor of Naylor Solicitors dissects the government’s plan to outlaw upward-only rent review (UORR) clauses in new commercial leases under Schedule 31 of the English Devolution and Community Empowerment Bill, in this week's NLJ. The reform, he explains, marks a seismic shift in landlord-tenant power dynamics: rents will no longer rise inexorably, and tenants gain statutory caps and procedural rights
Writing in NLJ this week, James Harrison and Jenna Coad of Penningtons Manches Cooper chart the Privy Council’s demolition of the long-standing ‘shareholder rule’ in Jardine Strategic v Oasis Investments
back-to-top-scroll