Unincorporated associations

An Unincorporated Association is a simple democratic structure consisting of a collection of individuals who have come together with a shared aim or purpose. A committee is usually elected to run the organisation on behalf of the members.

Unless the group is a registered charity (or considering applying for charitable status) there are no statutory rules on how it should be run. You will therefore need to collectively decide on your own rules (writing a constitution or governing document).

Advantages to being an Unincorporated Association

can be set up quickly and cheaply
cheap and relatively easy to run
offers a democratic structure with reasonably flexible procedures
if your group’s aims (or purposes) are considered ‘charitable’ (as defined by law) and your activities provide public benefit, you may be eligible to apply for charitable status
not set in stone - option to switch to an incorporated structure in the future

Disadvantages of being an Unincorporated Association

no legal identity of its own – exists as a collection of individuals
cannot sign legal contracts in name of group – this means that any lease documents, rental agreements, hire contracts etc will need to be in the name of one (or more) of the individual committee members
committee members face unlimited personal liability, that is they are personally responsible for the group and if things go wrong, they could be held personally liable for any recovery of debts or be personally sued in cases of negligence

Most suitable for

An Unincorporated Association is most suitable for small groups with limited or specific purpose(s) that operate on a small budget, do not own property, employ staff or enter into lease agreements or contracts.

Other Community Toolkit Topics to look at:

Choosing a StructureThis section provides an overview of the different types of structures for community groupsYour Constitution...what is a constitution and how to write oneCharitable StatusThis section looks at the issues surrounding becoming a charityUnincorporated Charitable Trust....what is an Unincorporated Charitable Trust and how to set one upCompany Limited by Guarantee....what is a Company Limited by Guarantee and how to set one upScottish Charitable Incorporated Organisations....what is a Scottish Charitable Incorporated Organisation and how to set one upCommunity Interest Company....what is a Community Interest Company and how to set one upIndustrial and Provident Societies....what is an Industrial and Provident Society and how to set one upDevelopment Trusts....what is a Development Trust and what structures do they take?Social Enterprise....what is a Social Enterprise?Community Right to Buy....what is Community Right to Buy

Further sources of information

Sample Constitution for an Unincorporated Association with Charitable Status (SCVO)

For more information visit your local support organisation

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Last Updated 04/02/2013 11:56