Writing A Constitution
A constitution sets out the rules by which an organisation is run. It tells anyone looking at it the purpose of the organisation (its 'objects'), who can be a member, how someone can become involved in the managing committee, how meetings are called and other matters relating to the way the organisation functions.
A constitution has a different name depending on the type of organisation set up.
The most common type of organisation is an 'unincorporated association'. This is a group of people agreeing to abide by certain rules to further the interested and activities of the group. It is not a legal entity in its own right, but a collection of individuals. As such, it cannot own property, take out loans or raise funds as an organisation.
Advantages
- Quick and cheap to set up
- No official bodies need be involved
- No legal fees
- Retain independence
- Easily wound up
- Can also have charitable status
- Easy to revise constitution.
Disadvantages
- Not recognised as a legal entity in its own right
- Individual members are responsible for any loans, property or contracts and carry the risk for the organisation
- If any action is taken against the group, it is taken against individual members not the organisation.
Most Appropriate When
- The organisation is small and has few assets
- The organisation has a membership
- The management committee (executive committee) are elected and hold office for a fixed term
- The objects of the organisation are carried out wholly or partly by the members on a voluntary basis.
Whatever the nature of your constitution, it is important that is has enough information in it to enable the organisation to run smoothly and effectively. It should provide a reference for the overall organisation of the group.
What to include in your constitution
- When you are preparing a constitution, it is important to make sure that you set out clearly the rules which you want to apply to your organisation
- If you use someone else's document as a model, read it carefully and make sure that it does what you want it to do
- If you do not understand something in a 'model document' find out what it means before you use it
- If you are worried about whether to include something or not, don't ignore your problem, solve it
- You can make a separate set of rules to cover particular situations or sub-committees in addition to the constitution if you want to
- Make sure everyone can understand what you write down and avoid vague words or jargon.
A constitution for an unincorporated association should answer the following questions:
- What is the organisation's name?
- What has it been set up to do? (objects clause)
- What does the organisation need to be able to do to fulfil its objects? (powers clause) Examples might be: raise funds, employ people, purchase or lease property
- Who can be a member of the organisation?
- What does being a member entitle people to?
- How often do members meet?
- What procedure is there for notifying members that there is a meeting?
- If they have something they want to discuss at a members' meeting, how do they make sure it is on the agenda and everyone has had the opportunity to think about it first?
- How do people stop (or how are people stopped from) being a member?
- How do people get onto the committee? By election, nomination or co-option?
- Who is eligible to be on the committee? Do you have to be a member?
- How often does the committee meet?
- What powers does the committee have?
- How do people stop (or how are people stopped from) being a committee member?
- How can the constitution be amended?
- What will happen to the organisation's funds and other goods if it is going to stop its activities?
- Are there any rules for signing cheques and entering into agreements on behalf of the organisation?
If you have answered all of the questions above, you are in a position to begin writing your constitution. You need to make each answer into a separate paragraph dealing with the separate point like this:
1. The name of the organisation is
2. The object of the organisation is
3. The powers of the organisation are
4. Any person or organisation interested in supporting the work of the organisation can become a member of it.
