Unincorporated Charities and Trusts
Use this section if your charity will be an unincorporated charitable association or a charitable trust. These are the simplest structures to create and are often chosen by small charities with modest funds, no employees and no property. They are also the structures that carry the greatest personal exposure for trustees, because the charity has no legal identity separate from the people who run it.
Association or trust: which do I need?
An unincorporated charitable association has members, who may elect a committee to run it and is governed by a constitution. It suits a charity with a membership or a group of people who want a say in how it is run.
A charitable trust is governed by a trust deed and run by its trustees alone, with no wider membership. It suits a charity that holds and applies funds for a purpose, for example a grant-making fund or a memorial fund.
What documents are in this section?
The Constitution for an Unincorporated Charitable Association is a full form constitution suitable for most associations. The Short Form Constitution for a Small Unincorporated Charity is a simpler alternative for a very small charity. The Trust Deed Constitution for a Charitable Trust is the governing document for a trust.
If your charity is likely to grow, take on staff or sign leases and contracts, consider whether a charitable incorporated organisation (CIO) or a charitable company would serve it better. Resolutions for amending an unincorporated charity's governing document are in the Changing Unincorporated Charity and Trust Governing Documents section.
Unincorporated Charities and Trusts is part of Charity. Just £38.50 + VAT provides unlimited downloads from Charity for 1 year.
Frequently Asked Questions
An unincorporated charitable association is run by a management committee, and it has additional members who can vote and take part, which suits a membership group such as a club or society with charitable aims. A charitable trust is run by a small group of trustees. It does not also have members, which suits holding and applying funds, for example a grant-making charity. Neither the association nor the trust comprise a separate legal body, so trustees can be personally liable. Simply-Docs provides a constitution for each.
Yes. A short-form constitution for a small unincorporated charity gives a simpler governing document suited to a low-income charity that does not need the full association or trust document. Remember an unincorporated charity generally only needs to register with the Charity Commission once income passes £5,000, though it is still a charity below that as long as it meets the criteria for being a charity. Simply-Docs provides a short-form constitution alongside the fuller templates.