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Unincorporated Associations In English Law
Unincorporated associations are one vehicle for people to cooperate towards a common goal. The range of possible unincorporated associations is nearly limitless, but typical examples are: :* An amateur football team who agree to hire a pitch once a week and split the cost. :* Residents of a street who agree to pay into a collective fund for street sweeping, etc. :* A co-operative. :* A trade union. :* A professional association. This article focuses on unincorporated associations in common law jurisdictions, such as the United Kingdom, Canada, and New Zealand. From a legal point of view, the most significant feature of an association is exactly that they are unincorporated: i.e., they lack legal personality. This is in contrast to some civil law jurisdictions, which confer legal personality on associations once they are suitably registered. Unincorporated associations are cheap and easy to form, requiring a bare minimum of formalities to bring them into existence. (Indeed, the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Co-operative
A cooperative (also known as co-operative, co-op, or coop) is "an autonomous association of persons united voluntarily to meet their common economic, social and cultural needs and aspirations through a jointly owned and democratically-controlled enterprise".Statement on the Cooperative Identity. ''.'' Cooperatives are democratically controlled by their members, with each member having one vote in electing the board of directors. Cooperatives may include: * businesses owned and managed by the people who consume th ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Agency (law)
The law of agency is an area of commercial law dealing with a set of contractual, quasi-contractual and non-contractual fiduciary relationships that involve a person, called the agent, that is authorized to act on behalf of another (called the principal) to create legal relations with a third party. Succinctly, it may be referred to as the equal relationship between a principal and an agent whereby the principal, expressly or implicitly, authorizes the agent to work under their control and on their behalf. The agent is, thus, required to negotiate on behalf of the principal or bring them and third parties into contractual relationship. This branch of law separates and regulates the relationships between: * agents and principals (internal relationship), known as the principal-agent relationship; * agents and the third parties with whom they deal on their principals' behalf (external relationship); and * principals and the third parties when the agents deal. Concepts The recipro ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Hanchett‐Stamford V Attorney‐General
is an English trusts law case, concerning the destination of property that is held by unincorporated associations when they wind up. The High Court applied the view that while the association exists, assets are held jointly by the members but according to the terms of the association contract, and when the association ends any surplus funds go to those who were members of the association at the moment of its dissolution. (In the particular case, one sole member survived.) Facts The Performing and Captive Animals Defence League was founded as an unincorporated association in 1914, with the purpose of banning animals performing. It was decided the league had no charitable status in 1949, after ''National Anti-Vivisection Society v IRC'', because it was meant to change the law. Mr and Mrs Hanchett-Stamford joined as life members in the mid 1960s; he died in 2006 and she was the sole surviving member of the society. She decided to wind up and give the money to an active animal chari ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Re Lipinski’s Will Trusts
''Re Lipinski's Will Trusts'' 976Ch 235 is an English trusts law case, concerning the policy of the "beneficiary principle" and unincorporated associations A voluntary group or union (also sometimes called a voluntary organization, common-interest association, association, or society) is a group of individuals who enter into an agreement, usually as volunteers, to form a body (or organization) to ac .... Facts Mr Harry Lipinski, who was active in the Hull Jewish community, gave the residual part of his estate ‘as to one half thereof for the Hull Judeans (Maccabi) Association in memory of his late wife to be used solely in the work of constructing the new buildings for the association and/or improvements to the said buildings’. The other half was one quarter for the Hull Hebrew School (Talmud Torah), and one quarter for the Hull Hebrew Board of Guardians. The next of kin challenged these provisions, questioning whether the gift to the association would not be void. Judgmen ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Re Recher’s Will Trusts
''Re Recher's Will Trusts'' 972Ch 526 is an English trusts law case, concerning the policy of the beneficiary principle and unincorporated associations. Facts The testator's will on 23 May 1957 gave some of the residual estate to the Anti-Vivisection Society, at 76 Victoria St, SW1, which was construed as being 'the London and Provincial Anti-Vivisection Society'. But this had wound up on 1 January 1957 and amalgamated into The National Anti-Vivisection Society of 27 Palace Street, SW1. Neither were charities. She died in 1962. Judgment Brightman J held that the gifts had failed. They could not be construed as one to the new National Society, only the previous one. If it had still existed, it would have been a gift to the members beneficially, subject to their association contract. Yet because it had ended, nor "saving words", words of trust, there was no such gift to the members. He asked whether the gift would have been valid if the unincorporated association had indeed exist ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Beneficial Owner
Beneficial owner is a legal term where specific property rights ("use and title") in equity belong to a person even though legal title of the property belongs to another person. Beneficial owner is subject to a state's statutory laws regulating interest or title transfer.'' Black's Law Dictionary'' (2nd Pocket ed. 2001 pg. 508) This often relates where the legal title owner has implied trustee duties to the beneficial owner. A common example of a beneficial owner is the real or true owner of funds held by a nominee bank. Under United States copyright law, an author may transfer some rights to the copyright owner (often an employer) while retaining a future "reversionary interest," such as that of copyright renewal. For example, " e legal or beneficial owner of an exclusive right under a copyright . . . to institute an action for any infringement of that particular right committed while he or she is the official owmer of it." See also * Beneficial ownership * Real party in int ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Re West Sussex Constabulary's Widows, Children And Benevolent (1930) Fund Trusts
''Re West Sussex Constabulary's Widows, Children and Benevolent (1930) Fund Trusts'' 971Ch 1 is an English trusts law case, concerning the policy of the "beneficiary principle" and unincorporated associations. Facts A fund was set up to pay allowances to widows and dependents of deceased members of the West Sussex Constabulary. The members resolved to wind up the fund, and money was left over. Money had come from (1) the members themselves (2) raffles and sweepstakes (3) collecting boxes (4) donations and legacies. Judgment Goff J held all money was ''bona vacantia'', except for the donations and legacies which were a resulting trust. He rejected that the members could claim a share of the property on the basis that the contract gave them any such right. Regarding the different sources he said: (1) Because the members' contract governed their contributions and gave them no claim to any residue, it was ''bona vacantia''. (2) The raffles and sweepstakes contract also gave the par ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Re Denley's Trust Deed
''Re Denley’s Trust Deed'' 9691 Ch 373 is an English trusts law case, concerning the policy of the "beneficiary principle". It held that so long as the people benefitting from a trust can at least be said to have a direct and tangible interest, so as to have the ''locus standi'' to enforce a trust, it would be valid. Facts In 1936 the settlor company, HH Martyn & Co Ltd, from Sunningend Works, Cheltenham, transferred land to trustees to, under clause 2(c), "be maintained and used as and for the purpose of a recreation or sports ground primarily for the benefit of the employees of the company and secondarily for the benefit of such other person or persons (if any) as the trustees may allow to use the same". Clause 2(j) added that the employees would cease entitlement if the number dropped below 75% of them "or if the said land shall at any time cease to be required or to be used by the said employees as a sports ground or if the company shall go into liquidation then the truste ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Purpose Trusts In English Law
A purpose trust in English law is a trust created for the fulfillment of a purpose, not for the benefit of a person. These are normally considered invalid by the courts because they have no legally recognized beneficiaries, therefore nobody to enforce the trust, with the exception of charitable trusts, which are enforceable by Attorney General as they represent public interest. As well as charitable trusts, there are several exceptions to the rules against purpose trusts. If the requirement to fulfill a purpose is a request, rather than an obligation, the trust is valid; a trust will also be found valid if, while being for a purpose, it involves beneficiaries in some respect. Purpose trusts can also be valid if they are for the erection or maintenance of tombs and memorials (assuming such memorials are not overly grandiose), the maintenance of animals, and arguably the saying of masses, although these must all obey the rule against perpetuities and not continue for more than 21 yea ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Perpetuity Period
The rule against perpetuities is a legal rule in the American common law that prevents people from using legal instruments (usually a deed or a will) to exert control over the ownership of private property for a time long beyond the lives of people living at the time the instrument was written. Specifically, the rule forbids a person from creating future interests (traditionally contingent remainders and executory interests) in property that would vest beyond 21 years after the lifetimes of those living at the time of creation of the interest, often expressed as a “life in being plus twenty-one years”. In essence, the rule prevents a person from putting qualifications and criteria in a deed or a will that would continue to affect the ownership of property long after he or she has died, a concept often referred to as control by the "dead hand" or "''mortmain''". The basic elements of the rule against perpetuities originated in England in the 17th century and were "crystallize ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Perpetuities And Accumulations Act 1964
The Perpetuities and Accumulations Act 1964 (13 Eliz. 2c 55 is an Act of the Parliament of the United Kingdom. In English land law it reformed the rule against perpetuities. See also *Perpetuities and Accumulations Act 2009 The Perpetuities and Accumulations Act 2009 (c. 18) is an Act of the Parliament of the United Kingdom that reforms the rule against perpetuities. The Act resulted from a Law Commission report published in 1998. It abolishes the rule against per ... External links * United Kingdom Acts of Parliament 1964 English trusts law Acts of the Parliament of the United Kingdom concerning England and Wales 1964 in England 1964 in Wales {{UK-statute-stub ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Philanthropic
Philanthropy is a form of altruism that consists of "private initiatives, for the public good, focusing on quality of life". Philanthropy contrasts with business initiatives, which are private initiatives for private good, focusing on material gain; and with government endeavors, which are public initiatives for public good, notably focusing on provision of public services. A person who practices philanthropy is a philanthropist. Etymology The word ''philanthropy'' comes , from ''phil''- "love, fond of" and ''anthrōpos'' "humankind, mankind". In the second century AD, Plutarch used the Greek concept of ''philanthrôpía'' to describe superior human beings. During the Middle Ages, ''philanthrôpía'' was superseded in Europe by the Christian virtue of ''charity'' (Latin: ''caritas''); selfless love, valued for salvation and escape from purgatory. Thomas Aquinas held that "the habit of charity extends not only to the love of God, but also to the love of our neighbor". Philanth ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
