Keith Wallace considers how and why charities and voluntary bodies may restructure
Charities and voluntary bodies need to restructure for a variety of reasons: this article discusses the ‘how’ but we must start with the ‘why’.
Officeholder personal liability
The personal exposure of officeholders in association, club or trust deed structures will be familiar to practitioners. A recent illustration of this is Monir v Wood [2018] EWHC 3525. An unincorporated association’s chairman devolved management of the entity’s Twitter account to a third party, who libelled an outsider. The latter chose to sue, alone, the chairman, who was found personally liable for the vicarious defamation and suffered a judgment of £40,000.
Contract-wise, the aler...
“In considering some perceived need for registered charity status, it must be borne in mind that registration merely confirms charitable status.”
