What is a constitution?
In basic terms, a constitution is simply a set of written rules or an agreement governing the aims of your organisation, how it will be run and how the members will work together.
Many voluntary groups with small funds and few staff (known as unincorporated associations i.e. not a registered company) adopt a written constitution as an agreement where people are working to mutually agreed aims. When a group first forms, it is not a legal entity, but merely a gathering of individuals brought together to share an activity or interest. As this is the case, the moment your group starts to progress and begins to deal with finances or property, or tries to raise money in the form of grants or loans, a formal statement documenting decision-making processes, responsibilities and rules for all taking part within the group’s activities is essential. This will also prevent individual members being exposed to potential risk if, for example, your group runs into financial problems or ceases to exist, by spreading the risk between members.
A voluntary organisation may decide not to adopt a constitution and remain as an informal group.
However, in most instances, it is not just an important device to ensure the effective running of your group; it is a requirement. Those who have attempted to apply for funding will be only too familiar with the need for a constitution. Most sources of funding can only be accessed by groups with a bank account, and banks will only allow groups to open an account with a constitution! It is also a “must have” if your group wants to register as a charity with the Charity Commission, or if you wish to undertake services within the community. Not only this, a written constitution will lay the foundations for the structure of your group and will allow it to develop within a concrete framework, ensuring that it stays on track and continues to successfully achieve its aims.
Put simply, a constitution is of paramount importance because:
- without a written understanding, people may become confused and things may not get done;
- it will act as a point of reference and help resolve any problems or controversy that may arise;
- it reassures the public and funding bodies that your group is properly run and that money is effectively managed;
- it illustrates that your group is democratic and accountable, with clear methods by which
decisions are made.
What is a constitution made up of?
The aim of this article is to help groups that are not registered charities or limited companies, but unincorporated associations. It is not exhaustive but is designed to act as a checklist for the most common features of a constitution and offers a ten-step guide for community groups that do not currently have one. Although every constitution is different and should accurately reflect what a include the following ten points:
1. Name of your organisation.
2. Aims of your organisation (sometimes known as ‘objects’).
3. Powers.
4. Membership.
5. Management Committee.
6. Officers.
7. Meetings.
8. Finance.
9. Dissolution.
10. Amendments to the constitution.
The constitution checklist
1) Name of your organisation
The name of your organisation should reflect what your group is all about and is a very important factor. You need to bear in mind that every member of your organisation should
identify with the name of your group. Also, do you want the subject or the main interest of
your group to come first, or the area in which you are based? How might the name appear on any literature? Could it be misleading or offensive to people?
Most importantly, is there already a group with the same name located locally?
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