Constitutions & 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

There is more information in the Setting up a new group section as well as some example wording.

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: