Come into existence: an unincorporated association is considered to exist as soon as:

• Two or more people start doing something for a ’common purpose’ which is not for business reasons and is not a relationship of family or friends
• They call themselves a ’group’
• They develop rules, even if informal and not written down, to say who can join as a member, what the group is doing and how they are doing it

Decide whether to be charitable: consider the advantages and disadvantages of charitable status; you must however register if your group meets all the requirements for registration - you do not have a choice.

Drawing up the rules: see also What goes into your Constitution or Rules? You do not have to comply with any requirements in drawing up a Constitution (or ’governing document’) unless your group wants to be charitable.

Have your first Annual Meeting: in a case in 1996, the court of Appeal ruled that an unincorporated association did not formally come into existence until its first annual general meeting - even though it had been operating and had a bank account and a constitution. This was a surprising decision, and legal advice is recommended in situations where the legal existence of an unincorporated association is significant. [From: The Voluntary Sector Legal Handbook by Sandy Adirondack and James Sinclair Taylor. Directory of Social Change. 2001.] The AGM establishes the organisation as an association.

Adopting the Constitution: this is formally adopted by the members at the General Meeting. When adopted, the governing document should be signed (this is usually done by the Chair and Secretary) and dated, and kept in a safe place.

Charity Registration: if the group is charitable and is required to register with the Charity Commission, the Constitution and supporting documents must be submitted to the Commission. See information on the Charity commission website at www.charity-commission.gov.uk

Circulating the Constitution: a copy should go to the Chair, Secretary, Treasurer, other honorary officers and members of the Committee, (or Board, or ’governing body’), and senior staff if these are appointed. If possible a copy should go to all members, but if this is impractical, either a summary could be circulated, or a copy of the full constitution posted on a noticeboard or kept in a place where the members have access. All new members of the association, and all new members of the governing body must get a full or summarized copy of the Constitution or know where they can see it.

Have the first meeting of the Committee (or ’governing body’): This and subsequent meetings enables the group to:

• Arrange for minutes to be taken
• Follow any governing document requirements
• Elect/appoint Chair, Treasurer, Secretary and/or officers, unless the governing document requires this at AGM
• Appoint more governing body members, if constitution allows
• Appoint auditors/external examiner, and solicitor/legal adviser if necessary
• Declare and record any conflicts of interest (obligatory for charitable associations)
• Make arrangements if association is taking over from a previous body, arranging for transfer of assets, etc.
• Decide what is to be the association’s financial period ( April to March, or otherwise)
• Agree bank/building society account signatories from the trustees, and complete the bank mandate and other forms to open accounts
• Decide on frequency and procedure of calling meetings of the committee
• Consider and agree dates for next committee meetings, next AGM and other general meetings of members
• Consider how to deal with correspondence and communication procedures
• Agree any leases, terms and conditions for staff, agree insurance, and contracts for gas, telephone, electricity, photocopier if appropriate
• Admit new members into the organisation, if the governing document requires
• Ensure headed notepaper, financial and any public papers or leaflets give correct information (with Charity number if relevant!)
• Consider what the organisation is actually going to do; activities, events, etc.

Proper minutes must be kept and are signed as a correct record at the next meeting.

Your essential guide to supporting and retaining effective trustees.

A FREE good practice resource, the Trustee Information Pack, has been produced by members of the Herts CVS group to assist voluntary and community organisations in Hertfordshire to inform trustees and help them comply with the demands for a more professionally managed voluntary sector.

The pack draws together a range of questions, checklists, templates and recommended formats for you to personalise and use as the basis of your organisation’s Trustee Induction Pack. You will need to add information specific to your organisation and suggestions for these can be found in the pack.

Being a trustee of a voluntary organisation is a responsible position. It is important that all trustees are supported and offered continuous opportunities for development.

Hertfordshire’s Council for Voluntary Service network (Herts CVS) can help you with governance issues and other vital support services including training, advice, information and volunteer recruitment. Details of your local CVS are available this website.

Click here to download the pack