Constitution Decision

[Cait]

Hi,

I'm wondering how many of you use the PSLA constitution as your standard constitution? We had to send this when we first became a Registered Charity and we were told that if we ever opted out of the PSLA constitution then the one we adopted would have to be 'passed' by them before we could remain a registered charity. Has anyone out there tackled this, and what did you do?

I'm also considering Incorporation, but even though I've looked at the PSLA stuff, I still can't quite get my head round what it entails, and what any benefits or additional liabilities there would be.

Is there anyone out there who would be willing to offer their expertise or knowledge to advise me on this?

Many thanks in anticipation of your help

Cait

[Guest]

The pre-school that I have just left incorporated. Its basically having a minumum of 3 'directors' who are limited to £1.00 financially. We still kept the PLA constitution (for over a year) with the normal committee, chair, secretary etc. The directors only got involved in the financial side of things, and the committee did the rest. The pre-school incorporated because they needed to get a loan to fund their own premises.

 

18 months later, the pre-school ditched the commitee and is no longer working within their consitution!!! (part of my reason for leaving). My understanding is that you do have to get the PLA to approve any changes that you make to your constitution, but that you are able to change it!

 

It does appear complicated to incorporate, with lots and lots of forms to fill in etc, but once that part is done and you are regsitered with 'companies house' then its quite simple to follow the rules.

 

Although, a few words of advice would be choose your directors wisely!!!!! The 'directors' need to be people who have a long term interest in the setting (as its so complicated to keep changing them) and have the same goals for the setting as the staff and committee!!!

 

jx

[Cait]

Thanks Jenni, certainly things to think about there.

[lynned55]

If you need the PSLA to approve changes in your constitution then it would say within it.

I can’t really help any further as ours is not a PSLA one, but does state that any changes to it have to be approved by committee & I think (not def as don’t have it here) has to be sent to CC for approval.

[Guest]

Yes you do have to inform the 'Charities Commisision' if you make a change to constitution and they must approve it

 

Carla

[Cait]

Has anyone done this then, and what should we take into account? Are there areas of the constitution that we mustn't touch?

[lynned55]

There was a typo within our constitution when written that instead of stating two thirds of committee, it said two thirds of members of the group (or some such like)to hold a meeting. anyway it was changed and copies of minutes of meeting where it was changed and voted in where sent to CC. We also changed our name last year, so therefore changed constitution slightly, so sent it off to them again. Neither caused any problems. I think as long as you send the minutes where any changes are voted in and as long as you are still abiding by CC rules there is no problem.