-
Definition
- Two or more members bound together to pursue some common purpose
- Mutual rights and duties arising from contract between them
- Rules that lay down terms of members' contract
- Members can join or leave at will
-
Features
- Not a legal entity
- Cannot hold property
- Trustees hold property on trust for members
-
Rules
- must still satisfy beneficiary principle
- must still satisfy rule against inalienability
-
Gifts with a purpose attached
-
Inward looking purpose
-
Re Lipinski's Will Trusts [1976] Ch 235
- To construct and/or improve new buildings for the association
- Benefits members only
- Does not offend rule against inalienability
-
Valid under Neville 2 or 3
-
2
- Could demand capital under Saunders v Vautier
-
3
- Valid as a Denley trust
-
Outward looking purpose
- Does not benefit members
- Saunders v Vautier does not apply
- Void as a purpose trust
-
Outright gifts with no purpose attached
-
Neville 2 will apply
-
an accretion to the club's funds, subject to club rules
- Re Recher's Will Trusts [1972] Ch 526
- must have a rule permitting winding up of club and distribution of assets
-
must have a rule permitting club funds to be spent in any way they wish
- Re Grant's Will Trusts [1979] 3 All ER 359
- or offends rule against inalienability
- Trust for the purposes of the association
- Gift to existing members subject to their contractual rights and liabilities
- Gift to members at the time of the gift, as joint tenants or tenants in common
- Neville Estates v Madden [1962] 1 Ch 832