UNICORPORATED ASSOCIATIONS Flashcards
What is a UA?
An association without a legal personality distinct from its members
Which case defines a UA
CONSERVATIVE AND UNIONIST CENTRAL OFFICE 1982
What are the 5 criteria set out in CONSERVATIVE AND UNIONIST CENTRAL OFFICE 1982
- Must be two or more people
- There must be mutual rights/obligations between them defined in a contract
- Members can join and leave at will
- Rules stating who controls funds and how
- Must NOT be for business purposes
What is the favoured analysis on how UAs hold property?
Contract Holding Theory
How does LEAHY 1959 suggest UAs can hold property?
If it is given as an outright gift to each individual member
Doesn’t work because it is a fluctuating group, so no list certainty and the gift would be invalid
Which case gives criteria for UAs to own property legally?
NEVILLE ESTATES v MADDEN 1962
What are the two criteria in NEVILLE ESTATES v MADDEN 1962
- Donor transfers title of property to members as joint tenants = gets round the beneficiary principle as there is no beneficiary
- The property is then subject to contractual obligations that ensure the property can only be used in the interests of the UA
Case that confirms UAs may only use gift as contract states
Re GRANTS
What happens when a UA is dissolved
If it is stated in the contract then that is what happens
What happens if conditions for dissolution aren’t stated in the contract?
It depends on how the funds were acquired
4 different ways UA acquire funds
- Contributions/subscriptions from past and present members
- Proceeds from raffles
- Anonymous collection boxes
- Donations and legacies
What happens to these assets on dissolution?
Member contributions and subscriptions are returned to members
Everything else is BONA VACANITA and is returned to the crown
