header-logo header-logo

25 June 2021 / Roderick Ramage
Issue: 7938 / Categories: Features , Charities
printer mail-detail

Charitable confusion

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

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—James Paterson

Charles Russell Speechlys—James Paterson

Charles Russell Speechlys further bolsters Private Equity expertise with the appointment of James Paterson

Ellisons—Samuel Flower

Ellisons—Samuel Flower

Ellisons strengthens Rural Affairs team with senior appointment

Sidley—Carl Hotton

Sidley—Carl Hotton

Sidley adds insurance mergers and acquisitions partner to London office

NEWS
A deputy costs judge correctly exercised his discretion to allow late service rather than strike out the point of dispute, the Court of Appeal has held
Prince Harry, Baroness Doreen Lawrence and five others have lost their case against the publisher of the Daily Mail, Mail on Sunday and MailOnline, in Various Claimants v Associated Newspapers [2026] EWHC 1637 (KB)
Public confidence in the justice system is being undermined by a lack of accessible, useable data, magistrates have warned
The Sentencing Council has launched draft guidelines for facilitation and endangering another person during a sea crossing to the UK
Government proposals to make independent written legal advice a prerequisite for workplace non-disclosure agreements (NDAs) may prove unworkable, according to a senior employment lawyer
back-to-top-scroll