Constitutions!

[hopeytg]

Hi

 

As mentioned on other threads I am trying to take over the preschool from the committee - with their full backing. As are many people we are struggling with the PLSA - we have raised considerable funds to buy our own building and they want the lot!! We are now looking at cancelling our membership with the PLSA and having our own constitution and I am wondering if

anyone else has their own and would they be prepared to share it with me?

Many thanks

 

Hopeytg

[Inge]

we had one but it was based on the PLA one -

 

 

We still had to say where any assets and cash in bank would go if we wound up and it had to be to a charity .( ours was local children's charity)

 

We also had to have it approved by Charity Commission this is assuming you are registered as a charity

 

so not sure if this would help much...

 

 

Inge

[Pimms o'clock?]

I think the Charity Commission have a model constitution but, and I think it is by Charity Law, you do have to pass assets on to another charitable concern with similar aims. Best check with Charity Commission I would think.

 

BMG

[finleysmaid]

have you thought about incorporating the pre-school - it sound to me that if you are about to launch into a buildings programme that this would be the right way to go as liability issues are different then and it will protect individuals ( the pla do a pack on this) you are ableto ear mark monies for particular projects and the pla would only get what was left if you disbanded (after disbursments to all concerned including pay offs, redundancies etc)

[Guest]

I didn't read it properly but incorporation might be the way to go as the email I had earlier in the week seemed to say the PLA supported you in doing this and could help you do all the necessary legal bits. My thinking is that if they are going to all that trouble surely they won't take any money off you other than small amounts for services rendered. (Should say the email was from the PLA advertising their service to support groups moving to incorporated fro PLA constitution basis.)

[Cait]

Do the PLA actually know which Preschools are running under their constitution though?

[Guest]

Found the email as I never empty my trash!

 

The Complete Guide to Incorporation for Early Years Settings

 

There are some very worthwhile advantages for charitable settings to convert from an unincorporated association into an incorporated company. This online publication provides a practical guide to incorporation for early years settings which have adopted a version of the Pre-school Learning Alliance (or Pre-school Playgroups Association) model constitution, and have registered as a charity with the Charity Commission. If you are unsure as to whether incorporation is for you, or would like to know of the benefits, please click here to read our Quick Guide to Incorporation.

 

On purchasing this guide, we will provide a unique, one-off-use only, access code to download the guide and associated documents. These downloads will then automatically, and only be available to the organisation that has registered the account. The registered account holder will also receive the consultation services of the Alliance Contract Manager, who will also provide the necessary approval to dissolve the existing group and transfer its assets to the new limited company. This support alone eliminates the need for the setting needing to pay significant costs to a solicitor.

 

 

 

Pre-school Learning Alliance publications can be ordered from the Alliance shop

T: 0870 603 0062

W: www.pre-school.org.uk/shop

E: shop@pre-school.org.uk

 

or though the 2010 Publications and Resources catalogue which is available by contacting

info@pre-school.org.uk.

[lynned55]

We have our own constitution, I dont have it on this laptop but I', sure it also says if we were to close down any money or assets left would have to go to a 'charitable' organisation. I really dont think a charity would be allowed to just hand over it's money and assets to someone. I know it's you but as far as the CC is concerned this is how it looks, even with the committee agreeing to it. To all intents and purposes the committee would be closing down a charity and handing it's assets over to a private business for nothing. You may get around some of it by buying the resources and equipment at a low price but I think you need to take some legal advice on this.

[finleysmaid]

i would speak to your business development manager or business advisor at your ey dept. i suspect they've been there before!!

[hopeytg]

Thank you so much for your replies - I have purchased the book and have started to read it!! Its so nice to know we are not the only ones in the position.

[Guest]

Before paying out any money for services why not contact your local voluntary sector council?

 

We are an incorporated charity and have taken over another setting, which meant we had to amend our memorandum and articles of association (consitution). Our VSC has done all of the work for us free of charge.

[Cait]

how do you find them - are they in the phone book or do you need to go through somewhere else?