Coming up:

 AGSD-UK Annual Conference,
Nottingham,
28-29 October 2017.

 

Background to the new legal format

Issued: 5 August 2009

The Trustees feel that the time is right to upgrade our charity format. They feel this is necessary to enable them to develop the charity and attract high-calibre trustees.

Background
Many small charities, including AGSD (UK), are unincorporated associations. This means they have no entity in law, but exist like a partnership between all the members of the charity. Everything is done in the names of all members. This is unwieldy as the charity grows, starts to employ people and enter into contracts. The Trustees therefore wish to set up a legal entity, without which it will become gradually more difficult to operate as they would like and attract members, particularly Trustees.

Company limited by guarantee
AGSD (UK) has been awaiting a new legal entity called "Charitable Incorporated Organisation" (CIO) which would suit us well. However, this has been repeatedly delayed and the Trustees feel we should proceed now with the establishment of a company limited by guarantee, which is the normal format for charities. If this is approved by the members it will limit the potential liability to members to just £10 each.

The Trustees have nominated three of their number (Ann Phillips, Sue Del Mar and Allan Muir) to set up a company limited by guarantee with the name "Association for Glycogen Storage Disease (UK) Limited" (reg. no. 6981121). The company utilises a standard format from the Charity Commission and matches very closely our existing constitution, whilst being more up to date in its structure. The founding Trustees will retire at the AGM and offer themselves for election along with others.

Charity Commission approval
The trustees have discussed their plans with the Charity Commission. An application has been made to request this new company to be a registered charity.

Transfer to new company
The Trustees plan to put a proposal to the AGM for members to vote on. Papers will be posted on or before 4 September. It needs to be passed by a 2/3rd majority of those present and voting. The proposal is that the existing charity be dissolved and the assets passed to the new company/charity. Clause 13 of our constitution allows this.

All members of the existing charity will automatically be made members of the new charity with the same membership rights and will be able to elect the new board of directors.