Non-Charitable Purpose Trusts - Unincorporated Associations

4 important questions on Non-Charitable Purpose Trusts - Unincorporated Associations

Conservative and Unionist Central Office v Burrell [1982], Lawton LJ

  • two or more persons bound together for one or more common purposes
  • purposes not being business purposes
  • by mutual undertakings each having mutual duties 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
  • the bond of union between the members has to be contractual.

Re Koeppler's Will Trust [1986]

The association must be non profit making and its members must be bound together by identifiable rules.

What happens when an UA dissolve?

Where an UA is dissolved, the disposal of any surplus assets will depend on which construction of property holding has been recognised.
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When does an UA dissolve?

The dissolution of an UA may occur by court order or by resolution of the members according to the rules of the constitution or, if there is no such provision, by unanimous agreement of the members.

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