Associations

An association is the simplest and favourite legal structure, usually chosen by new groups.  An association may also be a charity, if the Charity Commission for Northern Ireland determines it is charitable.  More on starting a new charity.

Type of organisation:  Association

Legal Status:  Unincorporated

Governing Document:  Constitution or ‘rules’.  Click here for the Charity Commission for Northern Ireland’s model governing documents.

Associations are unincorporated, so the organisation does not have any independent existence in law.  This means that the Management Committee members are personally responsible for any debts or claims against the organisation that cannot be met out of the organisation’s own resources.

Key Features

An association has:

• a set of rules setting out how it has agreed to operate (e.g. constitution)
• a membership
• an agreed purpose for which it is set up to work towards
• no separate legal identity
• no ownership of property (property must be held by named trustees or custodians)
• Management Committee members, who are personally liable for any debts or claims against the organisation that cannot be met out of the organisation’s own resources

When is it appropriate?

An association is generally appropriate when one or more of the following applies:

• the organisation is relatively small in terms of its income and assets and plans to remain small
• the organisation is to be a local branch of a national charity with a standard constitution
• it has a membership
• the Management Committee is elected or appointed for a fixed period, usually one year
• the view of the local residents, local councils and other bodies, need to be represented through membership
• the purposes/objectives of the organisation are to be carried out by members

Management Committee members of an uncorporated association must be 18 years and older.

More on the advantages and disadvantages of different legal structures.

The Commission has also produced new guidance on new Powers for Unincorporated Associations provided by the 2008 Charities Act.