Why do you need a governing document?
Until a group adopts a constitution and so becomes a legal entity, it cannot, for example, open a bank account, hire premises for concerts or rehearsals or effect insurance. Once the group has adopted a constitution, it can then call itself an unincorporated association or society.
The constitution must set out how the organisation is to operate - its objects, membership, the election of officers and committee members, etc.
Charitable organisations and the law
If an organisation’s constitution is such that its objects are charitable, then the society has to comply with charity law (which is different in England and Wales, Scotland and Northern Ireland). In England and Wales, charities are supervised by the Charity Commission. Regardless of whether or not the charity becomes formally registered with the Charity Commission it comes under its jurisdiction once it has adopted a charitable constitution as its governing document.
Charitable purposes
The Charities Act 2006 defines a number of new charitable purposes, including the following:
- the advancement of education
- the advancement of health or the saving of lives
- the advancement of citizenship or community development
- the advancement of the arts, culture, heritage or science
Thus choirs, instrumental groups and music clubs normally have charitable status even if their constitutions do not specifically refer to it.
Registering as a charity
A charitable organisation with an income of £5,000 or more must be registered with the Charity Commission; those with a smaller income are not required to register.
Our membership rules
As Making Music is a registered charity, the Charity Commission requires us not to admit as Full Members groups whose purposes are not solely charitable. However such organisations can join as Associate Members.
