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Legal structures

There are a range of ways a voluntary or community group can be set up. Some are informal associations with a basic constitution – a set of rules which set out what a group is set up to achieve (its aims), how the group will achieve them (its objects), who its members are and how it will make decisions and ensure that its money is safeguarded and managed effectively.

Others are more formally established and chose to register as a Charity or as a Company of some description or both. A new form of Charitable Company is now available called a Community Interest Company (CIC) and another, the Charitable Incorporated Organisation (CIO) is likely to be a possibility from early 2008.

More formal legal structures are especially important for those with an income above £5,000 a year and groups who take on buildings or start employing staff.

Obviously setting up the right legal structure is crucial - it affects what the groups is legally allowed to do and whether it is liable for particular taxes.

This can be a complicated process and if you are new to this area you will need to seek some expert advice. Some starting points are provided below.

Some additional resources are provided on this page, most of which available FREE of charge. Resources you have to pay for are marked with a £ sign.

Legal Structures

Downloadable pdf (73kb). This easy to read fact sheet is provided by Voluntary Action Sheffield’s legal adviser.

Setting up a Constitution

Downloadable pdf (28kb). Another easy to read fact sheet from Voluntary Action Sheffield’s legal adviser aimed at new groups needing to constitute themselves for the first time.

NCVO Guide to Legal Structures

The National Council for Voluntary Organisations (NCVO) provides this overview of some of the main options for legal structures.

CC21 - Registering as a Charity

Whatever structure a group decides to adopt, if they have wholly charitable aims and their income and expenditure is likely to be over £5,000 a year, they need to investigate whether they need to register with the Charity Commission.

Thinking of registering a charity?

Introductory guidance for those considering whether to register as a chairy from the Charity Commission.

CC22 Choosing and Preparing a Governing Document

The full rules about how a charity needs to be constituted. (The Charity Commission calls a charity constitution its Governing Document). This is not an easy read – if you are new to this area you may need some advice to guide you through it.
It sets out: the different types of governing document that a charity might use, the commission’s recommended standard content; and the procedure for formally adopting a governing document.

CC22 Choosing and Preparing a Governing Document

Downloadable pdf (669KB) version of CC22 – the full rules about how a charity needs to be constituted.

The other main bodies that organisations might register with are:

Companies House

Companies House is the government body repsonsible for administering and enforcing the requirements of the Companies Act 1985 and the updating legislation contained in the Companies Act 1989. It incorporates and dissolves limited companies; examines and stores company information delivered under the Companies Act and related legislation; and makes this information available to the public.

Introductory information about setting up a company

If a group wants to set up a company there is some introductory information on this site. This is not a simple process and some expert guidance may be needed.

Community Interest Company (CIC)

Groups wanting to register as a company can now use this new form of company designed specifically for organisations set up with social or public benefit aims.

Community Interest Company (CIC) downloadable guide

Downloadable pdf (65kb) guide to Community Interest Companies.

Search an alphabetical list of Community Interest Companies

The CIC site allows you to search for existing Community Interest Companies.

Model constitutions for CICs

The CIC site provides samples of model constitutions for Community Interest Companies.

Legal Update

Sandy Adirondack’s legal update service for voluntary organisations provides information of a general nature for management committees/trustees and staff of voluntary organisations about legal changes over the past year, and forthcoming changes. It is in two parts:
Employment: covering all aspects of employment, volunteering, equal opportunities, health and safety, and
Managing the Organisation: covering data protection, internet, intellectual property, human rights, charity law, company and related law, finance, property, licensing etc.

Governance Hub Publications

A range of publications aimed at helping voluntary and community organisations to support and develop their management committee members / boards of trustees.