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JGM, Solicitor
Category: Law
Satisfied Customers: 12067
Experience:  30 years as a practising solicitor.
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Of a private members club, with 4 trustees, and a full

Customer Question

I am Secretary of a private members club, with 4 trustees, and a full committee.
What role does a trustee have in matters of running the club, can he interfere, or criticise the way the club is being run, or he just interested in the financial wellbeing of the club,
which is very healthy at the present time. which
Submitted: 1 year ago.
Category: Law
Expert:  JGM replied 1 year ago.

 In law an unincorporated association does not have its own separate legal entity i.e. it is not recognised in law as being a legal person in its own right which means the club itself is not capable of owning property or being party to a contract. It is therefore standard practice to appoint trustees, who are usually required by the club rules to comply with committee instructions, to hold club property (e.g. freehold or leasehold land and buildings and boats) on behalf of club members. If individual trustees leave the club, die or decide that they no longer wish to act as trustee, the club must appoint other trustee(s). However, because the trustees hold the property, both heritage and moveable, the trustees can refuse to enter into any transaction that they feel isn't in the best interests of the club. That is a summary. You should also see if there is anything relevant in the Constitution/Rules/Deed of Trust concerning your own association. Happy to discuss further. I hope that helps. Please leave a positive rating so that I am credited for my time.