Look into setting up as a legal entity in the UK

[drjwbaker]

Further to #878 (comment), a walkthrough of what I found at https://www.gov.uk/setting-up-charity

1. (a) Check if Setting up a Charity is Right for You.

Possibly. We may be better suited in the first instance to becoming an 'Unincorporated Association' https://www.gov.uk/unincorporated-associations There is advice on this at https://www.resourcecentre.org.uk/information/legal-structures-for-community-and-voluntary-groups/#uia (a charity that supports community groups in setting up)

1. (b) Check if you are eligible

Based on https://www.gov.uk/government/publications/what-makes-a-charity-cc4/what-makes-a-charity-cc4 we are. Summary:

• we fit one of the 13 purposes of the Charity Act ("(b)the advancement of education")
• we are for public benefit

2. Trustees

See https://www.gov.uk/guidance/trustee-board-people-and-skills?step-by-step-nav=3dd66b86-ce29-4f31-bfa2-a5a18b877f11 and https://www.gov.uk/government/publications/finding-new-trustees-cc30?step-by-step-nav=3dd66b86-ce29-4f31-bfa2-a5a18b877f11. This would involve some work.

3. Structure

Based on https://www.gov.uk/guidance/charity-types-how-to-choose-a-structure, we won't have a wide membership (e.g. who can vote at AGMs) and we probably don't want a corporate structure (as we'd have to send annual accounts to the Charity Commission), so this points again to an 'Unincorporated Association'

4. Creating a governing document

Based on https://www.gov.uk/guidance/how-to-write-your-charitys-governing-document, I'm again erring towards an 'Unincorporated Association' because it requires a constitution only in the first instance, which I think we are better placed to write, but the work that goes into that looks like it can be converted into a full charity at a later date is needed.

[drjwbaker]

More info on being an 'Unincorporated Association' in the UK

• annual income cannot exceed £5,000 https://www.resourcecentre.org.uk/hidden-information/routemap26a/ We can't make a profit
• we'd need a constitution https://www.resourcecentre.org.uk/information/constitutions/
• Individual members are personally responsible for any debts and contractual obligations. https://www.gov.uk/unincorporated-associations "An unincorporated organisation is, in legal terms, a collection of individuals. Any debts or obligations are the responsibility of the trustees or management committee themselves. Although this might sound scary, many small organisations actually have very few financial obligations. For example, most community groups do not employ staff or run premises, and there is little money involved in running the group’s activities. This means the risk is often very low." https://www.resourcecentre.org.uk/information/legal-structures-for-community-and-voluntary-groups/#incorporation
• we'd need voting members (i.e. us) https://www.resourcecentre.org.uk/information/legal-structures-for-community-and-voluntary-groups/#uia
• we can open a bank account https://www.resourcecentre.org.uk/information/bank-accounts-for-community-and-voluntary-organisations/ (needs three uk-based signatories, which is an implication for team membership)

From https://www.resourcecentre.org.uk/information/legal-structures-for-community-and-voluntary-groups/#uia

An unincorporated association is a membership organisation. It can be whatever its members want it to be, and carry out whatever activity the members choose. It is the easiest, quickest and cheapest way for a group to set itself up. It is ideal for many small groups, especially those without staff or premises. A large number of groups fall into this category (sometimes without knowing it). To set up an unincorporated association, your group simply needs to draw up a constitution, setting out the rules under which it will be run.

An unincorporated association can be a charity, but it does not have to be. Many unincorporated associations primarily benefit their own members, and are therefore not considered to be charitable and are not regulated by charity law. For an unincorporated organisation to be a charity it must have charitable aims and be run for the public benefit. If your group is not charitable you do not need to register with or report to anyone. If your group is charitable, you will need to register with the Charity Commission if your annual income is over £5,000 per year.

An unincorporated association is not incorporated, so it cannot enter into contracts or own property in its own right.

To set up an unincorporated association, all you need to do is write and agree a constitution in your group. If you do not plan to become a charity, your constitution should lay out whatever aims you want for your group. If you wish to be a charity, it is best to base your constitution on the model constitution on the Charity Commission website.

[acrymble]

Thanks @drjwbaker . This sounds like a good possible path forward, and more reliable than through a university. Let's put it on the agenda for the next meeting.

[drjwbaker]

Thanks @acrymble. I'm looking into whether a UK-based Unincorporated Association (because if we go for this it will be as the bank account will be in the UK) can have non-UK based voting members. I'll report back when I hear more.

[amsichani]

Great , thanks @drjwbaker . I won't be at the next meeting but I m keen to keep an eye and contribute to further investigate this path.

[drjwbaker]

Thanks @amsichani. If we go for this, the bank account will need three UK-based signatories, so we might need you on that.

[drjwbaker]

Thanks @acrymble. I'm looking into whether a UK-based Unincorporated Association (because if we go for this it will be as the bank account will be in the UK) can have non-UK based voting members. I'll report back when I hear more.

I've been advised that I should seek legal advice on this. I'm looking into if Sussex has expertise than can answer the question. More soon.

[acrymble]

Let me know if I can help.

[drjwbaker]

@acrymble Will do. Would be useful to chat about it. Are you coming to my talk Tuesday per chance?

[acrymble]

If I can get back from exam board I will.

[drjwbaker]

Okay. If you don't, lets try to have a brief call later in the week.

[drjwbaker]

Update. Sussex doesn't appear to have this expertise. I've drafted an internal case for funds (matching that provided by University of Hertfordshire #1194) to instruct a lawyer to advise us. Deadline 31 May. Money has to be spent by 31 July. So hopefully we can move fast on this.