Execution formalities—unincorporated charities

Published by a ��Ƶ Commercial expert

Practice notes

Execution formalities—unincorporated charities

Published by a ��Ƶ Commercial expert

Practice notes

This Practice Note provides practical guidance on the execution of documents by unincorporated charities.

For information on the execution of documents by incorporated charities, see Practice Note: Execution formalities—incorporated charities.

We have produced a toolkit that is a comprehensive, interactive resource to help users identify and work through the concepts and common issues when executing documents, including the execution of deeds. Each section or phase includes practical guidance, precedent clauses and Q&As relevant to that section. For more information, see: Execution toolkit.

Capacity

Unincorporated charities have no distinct legal personality, which means that, as an entity, an unincorporated charity has no rights or duties per se and is not entitled to own property in its own right. Property ‘belonging’ to an unincorporated charity will be vested in the leading members of the organisation who act as trustees and hold property on trust for the remaining members of the charity. The legal persons with the capability to enter into arrangements and execute documents will be the trustees or members of the charity.

As a general rule, this means all the trustees

Jurisdiction(s):

United Kingdom

Key definition:

Execution definition

What does Execution mean?

Execution, in the context of contracts, is the means by which a party enters into a contract or deed by sealing or signing it, and by doing so gives it effect in law. It can be done in some cases by electronic means.

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