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Buachaill, Barrister
Category: Law
Satisfied Customers: 10978
Experience:  Barrister 17 years experience
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We are going to sign a Lease building with the local

Customer Question

We are going to sign a Lease for a building with the local council and in it they are calling the signatories Trustees when we are Committee members. Is there a difference? We are not a Charity.
Submitted: 1 year ago.
Category: Law
Expert:  Buachaill replied 1 year ago.
1. Can you better explain the situation. What organisation are you Committee members of? Is it a club, an unincorporated association or a limited company? What legal form does this organisation have? For what purposes are you going to hold the property lease?
Customer: replied 1 year ago.
We are an indoor bowls club, we have Community Amateur Sports Club Status. We have our own Constitution. The property was leased from the local Council three years ago and this is the renewed lease. The wording is slightly different in that they are using the term 'trustees' instead of committee members. We do not have trustees mentioned in our Constitution. I understand that trustees is a term used in charity law and we are not a charity. I have been told by the council solicitor that the wording is different because they are using generic lease which has been devised by an organisation called Community Matters.
Expert:  Buachaill replied 1 year ago.
2. The use of the term "trustees" is the correct term as you will be holding property on behalf of another unincorporated association, the Indoor Bowls club. This is an unincorporated association and cannot hold property in its own name. So it needs trustees who will act in its place and hold the lease.
Expert:  Buachaill replied 1 year ago.
3. A committee member holds no status in law other than being an elected official of a club. However, once a Committee member holds property on behalf of the club, then they become a trustee. This is the name given to the relationship in law where one person holds property belonging to another.
Expert:  Buachaill replied 1 year ago.
4. So there is a difference being called a trustee rather than a committee member. The term trustee" is the correct term to be given where you hold a lease on behalf of the club.
Expert:  Buachaill replied 1 year ago.
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