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Consitutions & Governing Documents

Whatever legal status you choose for your group, it is very important that a properly drafted constitution is adopted at the outset. This should be drafted in plain English avoiding any vague or jargonistic words.

A constitution is an agreed set of rules covering at the very least the following issues (note: this list is not exhaustive):

  • What the aims (“objects”) of the organisation are
  • The powers of the organisation in achieving its objects
  • Show how the organisation governs itself, e.g. through an elected management committee/board of directors
  • What the powers of the management body are
  • Who can be a member and on what terms
  • How meetings are convened and conducted
  • How the constitution can be amended
  • How the organisation is wound up
  • How surplus income is used e.g. Reserves policy, reinvested in the organisation
  • Other principles which you want to apply to your organisation

If you are looking for a template or need some support with your governing document, contact the WVA Team - info@warringtonva.org.uk

Before starting to develop a constitution it is important to think about whether the organisation will now, or at some point in the future, need to register with the Charity Commission or Companies House. If this is likely to be the case then it is advisable to adapt one of the model constitutions approved by them. This is because it is more difficult to develop a charitable constitution and homemade ones may result in considerable objections or lengthening of the registration procedure with the Charity Commission.

Types of governing document for each legal structure:

Legal Structure Governing Document
Unincorporated Association Rules of Association / Simple Constitution Unincorporated
Charitable Association Model governing document from Charity Commission
Charitable Trust Trust Deed from Charity Commission
Charitable Company Memorandum & Articles of Association from Charity Commission
Company limited by guarantee Memorandum & Articles of Association from Government Website
Community Interest Company (CIC) Memorandum & Articles of Association from Office of the Regulators of CICs
Community Benefit Societies Rules
Charity Incorporated Organisation (CIO) Model constitution available from Charity Commission

 

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Warrington Voluntary Action supports the development of a vibrant, thriving and sustainable VCSE sector to meet the diverse needs of local communities.