A constitution is the governing document that states –
1: Name of your organisation or Shed
2: Objectives of your Shed
3: How your Shed will be set up and run
Constitutions
The Pillars of your Shed
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What is a constitution?
Why do you need a constitution?
To ensure your Shed is set up and run properly over time.
To help to obtain funding for your Shed by demonstration of good governance.
To establish personal liability for assets and liabilities of the Shed.
How to get a constitution?
Constitution forms can be downloaded from the Internet. A warning: you must first determine what type of constituted organisation you wish to become. Each type of organisation has different legal obligations, advantages and disadvantages. This first choice is vital, as changing your constitution may be difficult.
OSCR – the Office of the Scottish Charity Regulator is the body charged with overseeing charities in Scotland.
The SMSA have agreed on a Scottish Men’s Shed template with OSCR. This is a two tier type constitution which works hand in glove with becoming a SCIO. This can speed up the SCIO application process and help OSCR as it is a constitution which has been agreed upon. Be sure however that the ‘purposes’ fit with the aims of your shed.
Members can download Scottish Men’s Sheds Association two tier constitution form in the SMSA members section.
Other type of constitutions
SCVO – Scottish Council for Voluntary Organisations
This page is recommended by OSCR as the SCVO site has a good ‘how to’ on what type of constituted organisation type is suitable for your Shed.
Types of Constituted Organisations
SCIO [Scottish Charitable Incorporated Organisation]
Limited liability of trustees, no liability of members as assets are held by the SCIO which is a legal personality.
Unincorporated Association
Liability of trustees, no liability of members as assets are held by the trustees.
Company Limited by Guarantee
No liability of trustees, no liability of members as assets are held by the Company which is a legal personality.
Trust
Liability of trustees, no liability of members as assets are held by the Trust which has a legal personality.
A usefully detailed comparison chart is at the OSCR site:
http://www.oscr.org.uk/media/2052/2015-10-07-key-characteristics-of-legal-forms.pdf
