Consultation on Liability of Clubs, Societies and Other Unincorporated Associations
The Law Reform Commission (LRC) has published a consultation paper on the Liability of Clubs, Societies and other Unincorporated Associations. The LRC has published an executive summary of the consultation document as well as a plain English summary.
The relevant media release can be found here (as Gaelige).
This Consultation Paper forms part of the Law Reform Commission’s Fifth Programme of Law Reform. It examines issues relating to civil and criminal liability, including matters of regulatory compliance and enforcement, connected with non-profit, unincorporated associations such as clubs and societies.
The Consultation Paper raises important questions as to how regulators and individuals can enforce legal obligations and, if necessary, sue unincorporated associations. It also explores the potential legal consequences, including personal liability, for individuals involved in non-profit unincorporated associations
This consultation is particularly relevant to existing registered charities and new applicants that have been established as associations rather than as companies or trusts. If you are unsure of your charity’s legal form, you can check this really easily by looking up your charity’s governing document or its entry on the Register of Charities, where the legal form will be noted on the left of the entry under the heading ‘Type of Organisation’. If your charity’s organisation type is noted as ‘Other’, we would recommend that you check your charity’s governing document.
The closing date for responses is 15 March 2023.
Responses to the consultation can be submitted by e-mail to UnincorporatedAssociations@lawreform.ie