Unincorporated Associations

  1. What is an unincorporated association? In what cases does Lawton LJ describe unincorporated associations as "two or more persons bound together for one or more common purpose, not being business purposes, by mutual undertakings each
    having mutual dutes and obligations, in an organisation which has rules which identify in whom control of it and its funds rests and on what terms and which can be joined or left at will"?
    Conservative and Unionist Central Office v Burrell 1982
  2. What is an unincorporated association? In what case did Slade LJ used a similar definition as Lawton LJ, referring to "an association of persons bound together by identifiable rules and having identifiable membership"?
    Re Koeppler's Will Trust 1984
  3. No separate legal personality
    In what case did Viscount Simonds point out that an unicorporated association is nothing more than an "artifical and anomalous conception"?
    Leahy v AG for New South Wales 1959
  4. No separate legal personality: What is the problem with unincorporated associations?
    • The problem is that, unlike a company, an unincorporated association has no separate legal personality.
    • An unincorporated association cannot enter into contracts or hold property in its own name, though particular members can conclude contracts or hold property as trustees for the members.
  5. No separate legal personality: Such gifts, especially if they are construed as ordinary purpose trusts, run the risk of being found void for...
    • want of a beneficiary, for perpetuity in the form of the rule against inalienability...
    • for uncertainty...
    • or for a combination of these reasons.
    • If construed as gifts on trust for present and future members, then the rule against remoteness of vesting will apply.
  6. No separate legal personality: Such a gift would be void from the outset before what Act?
    The 1964 Prepetuities Act
Card Set
Unincorporated Associations
Chapter 8