Discussion paper on unincorporated associations

Discussion paper 140

Format:

Corporate Author:

Scotland Scottish Law Commission

Author:

Lord Drummond Young (chairman)

Publisher:

TSO (The Stationery Office)

This discussion paper identifies the legal issues which may affect the tens of thousands of non-profit making associations (including many charities) and clubs and suggests possible ways forward. Unincorporated associations are not recognised as legal entities separate from their members. The consequence of this is that such organisations do not have the capacity to enter into legal relationships, such as in contract or delict, or hold title to land in their own name. This can give rise to unfortunate, and perhaps unforeseen, repercussions for members. For example, it is possible under the current law that a member of an unincorporated association may, by virtue of that membership alone, find himself or herself personally liable in delict to a third party injured at an event organised by the association. It may not be readily apparent to members that, by joining a voluntary group or club, they may be exposing themselves to serious personal financial risk. The Commission seeks views on whether it would be preferable to attribute legal personality to all organisations meeting certain specified minimum criteria; to allow organisations to opt-in to such an arrangement either by registration or by statement of intent; to grant certain legal capacities to unincorporated associations without according them the status of legal persons; or to introduce a new corporate vehicle specifically designed for non-profit organisations which are not registered as charities.

Extent	vi, 94p.	ISBN	9780108882272
Size	N/A	Price	£19.15
Format	Paperback	Published	03 Dec 2008
Availability	Out of stock - available to order	Delivery	Delivery options and charges