.Representation

SUSU Charity Registration (1112P7)

Status: Lapsed | Zone: Trustee

Passed: 06/02/2012 | Lapsed: 04/02/2014

This policy was discussed at the following meetings:

  • That currently SUSU shelters under the charitable status of the University and exists as an unincorporated association of individuals
  • The Charities Act of 2006 requires that all Students’ Unions register as  independent charities
  • The Charity Registration timetable agreed with the University and SUSU solicitors
  • That to incorporate as a company limited by guarantee it is required that SUSU replaces its current constitutional Laws with a new ‘Memorandum and Articles’ to comply with company law
  • That the University will be required to amend its Statutes and Ordinances to recognise SUSU’s status as an independent Charity
  • The Union President’s report to Union Council of 12 December 2011 stating that “Between now and the last council we have received a draft version of the Memorandum and Articles (which form the basis of the rules of our Union) from our appointed solicitor. These will be adapted to suit our new status as a company limited by guarantee. Constitution committee will be reviewing these over the coming month, and they will be presented to a council in the New Year”
  • That, with the advice of SUSU’s solicitor and auditors, Constitution Committee has reviewed the proposed Memorandum and Articles
  • SUSU’s solicitors recommend that SUSU should become a Company Limited by Guarantee for the purposes of registering as a charity, agreed by Union Management Board of 11th May 2011
  • As part of the process of registering with the Charity Commission, SUSU should incorporate the Union as a Company Limited by Guarantee. This will allow the Union to have its own legal status independent from its members and ensure that, moving forwards, the officers and members of the Union will have limited liability.
  • To incorporate as a Company limited by guarantee with the name "University of Southampton Students' Union" (subject to the consent of the Secretary of State to the use of the word "University" in the name) and with the attached Memorandum and Articles of Association
  • Apply to the Charity Commission to register the new company as a Charity
  • Once Charitable Status has been secured transfer all the assets and liabilities of the existing Union to the new company
  • Dissolve the existing unincorporated Union following the completion of the transfer of the assets and liabilities to the new company
    Sorry, there are no Mandates for this policy