AnonyMouse_25678 Posted June 4, 2010 Share Posted June 4, 2010 Hi We are in the process of changing our consititution from the standard PLA to a version of it that steers away from a committee run setting. We are looking to run with 3 trustees and 2 members of staff are who are the 'management'. The staff - me and my supervisor will be running the preschool lock stock and barrel but we need the trustees to stay as a charity. Therefore need a constitution that states the trustees are not financially liable and are not responsible for the day to day running. I am sure someone out there can help - many thanks Link to comment Share on other sites More sharing options...
AnonyMouse_13251 Posted June 4, 2010 Share Posted June 4, 2010 Hi I'd be happy to email to email you a copy of our current constitution if you message me your email address. One question though-is your charity incorporated? If not the trustees will be financially liable until you do this. Link to comment Share on other sites More sharing options...
AnonyMouse_25678 Posted June 4, 2010 Author Share Posted June 4, 2010 thanks - [edit: email edited out by moderator] - we are not incorporated - is that hard to do? Link to comment Share on other sites More sharing options...
AnonyMouse_13251 Posted June 4, 2010 Share Posted June 4, 2010 No its not hard just paperwork that needs filling out,there's a complete guide to incorporation on PSLA website costs around £12 I think but full of useful advice. You should think about incorporation as a way of limiting trustees liability really-you get some of the benefits of being both a Ltd company and a charity. Will email you our constitution,you may want to tweak it but it will give a good starting point. Link to comment Share on other sites More sharing options...
AnonyMouse_13251 Posted June 4, 2010 Share Posted June 4, 2010 All sent..it may be upside down!! Sorry,hope it helps Link to comment Share on other sites More sharing options...
AnonyMouse_2268 Posted June 18, 2011 Share Posted June 18, 2011 Just a quick question - can you still use the PLA constitution if you are no longer a member...and would you advise staying a member - does it make a difference? Link to comment Share on other sites More sharing options...
Guest Posted June 20, 2011 Share Posted June 20, 2011 Ooooohhh very exciting, running without a committee! Good luck and keep us posted on how you get on Link to comment Share on other sites More sharing options...
AnonyMouse_2268 Posted June 20, 2011 Share Posted June 20, 2011 sadly no - not me at least (sorry - thats the originator of the topic's exciting adventure! ) My query comes as we have just taken up different insurance and I've a feeling the committe have now let the PLA membership lapse (we've always been members until now - 15 + yrs) - so was just wondering if we are still 'legal' really...can we use their constitution if no longer a member and will it matter much not being a member? Link to comment Share on other sites More sharing options...
AnonyMouse_11396 Posted June 20, 2011 Share Posted June 20, 2011 I think it really depends on why you used them in the past. We are insured with them, committee can use Lawcall if required,we have also recently become incorporated as a Ltd company, just the Charity bit too finalise, so being members of PSLA has been very useful in that respect. I'm not sure a PSLA Constitution would be valid if you are not members, best to check. Link to comment Share on other sites More sharing options...
Guest Posted June 21, 2011 Share Posted June 21, 2011 I could be wrong but I thought that the requirement was that a registered charity had an approved constitution and the Charity Commission had pre approved a number of these to make things quicker for charities. The PLA constitution is one of these. Now as a copy of te constitution is freely available on their website to anyone I would have thought that a setting which had previously been a member and had already adopted it as the constitution under which it ran, would be able to continue using it. Failing that I would possibly just remove all references to the PLA from the constitution and resubmit it to the Charity Commission therefore ensuring they would pass it as suitable and save creating a huge amount of work. Link to comment Share on other sites More sharing options...
AnonyMouse_12960 Posted June 21, 2011 Share Posted June 21, 2011 Holly 35...have you done this? Link to comment Share on other sites More sharing options...
Guest Posted June 21, 2011 Share Posted June 21, 2011 We haven't although we do intend to amend our current PLA constitution at our AGM this year. It will only be a slight change but I'm hoping that this will be ok and from speaking to someone else who I believe has done it, the Charity Commission didn't have an issue so ling as the changes were made in line with the requirements of the outgoing constitution - if that makes sense. There are model constitutions from other organisations also available on the internet for free too. Link to comment Share on other sites More sharing options...
AnonyMouse_12960 Posted June 21, 2011 Share Posted June 21, 2011 Does that mean you are moving away from PSLA? DO they have to agree to it (I am thinking about the clause that says they can take your assests on cessation) Link to comment Share on other sites More sharing options...
Guest Posted June 21, 2011 Share Posted June 21, 2011 Well we are still members because we had to use their insurance again. But that is exactly the clause we want to change. I have to say the agreement we will be proposing at the AGM will be to change the constitution accordingly if the committee finds it is a viable option. That gets me out of another meeting but get at least two heads looking at it carefully first and checking with the CC too. I'll let you know what we discover but as far as I can tell so far it is do-able. Link to comment Share on other sites More sharing options...
AnonyMouse_25678 Posted June 21, 2011 Author Share Posted June 21, 2011 Thanks for the update holly35 - I like eyfs1966 am concerned about the assets section - we have spent all our funds on our new building but I certainly want them to 'take' the building. As I understand it the assests can be transferred to a similar charity - but who decides that I don't know. Link to comment Share on other sites More sharing options...
AnonyMouse_3735 Posted June 21, 2011 Share Posted June 21, 2011 it is quite easy to change the place the assets go to... we had ours go to a local named charity, but were using the PLA constitution, had to have the relevant committee meetings and agm to approve changes before sending to charity commission for approval. Cannot remember sending to PLA though perhaps they did. Important thing was where the assets were going had to be a similar charity and not a business. We did however benefit form settings which closed when PLa had the assets, in our area they divided all the money made between the PLA settings - unfortunately had this happen about 3 times in 2 years... Link to comment Share on other sites More sharing options...
AnonyMouse_12805 Posted June 21, 2011 Share Posted June 21, 2011 We just changed the wording on ours in the beg, when we first had to have them, to read If members decide to terminate the existence of the Pre-School any funds or equipment remaining after all the debts have been paid, shall be handed to a similar charity concerned with the education of pre-school children in the area of the Pre-School It's very easy to do changes, do them as per your constitution dictates. Then send the changed constitution to CC, with the minutes recording this. Link to comment Share on other sites More sharing options...
Guest Posted June 21, 2011 Share Posted June 21, 2011 Thanks Inge and lynned55. I think I might have got the idea from Inge originally but my mind is a bit all over the show at the moment. Link to comment Share on other sites More sharing options...
AnonyMouse_12805 Posted June 28, 2011 Share Posted June 28, 2011 Can I just say that if you change the wording in any way on a PSLA constitution then it is NOT a PSLA constitution you have, but a similarly worded one!! As has been pointed out to me before now. Which is perfectly acceptable I hasten to add. Link to comment Share on other sites More sharing options...
AnonyMouse_3975 Posted November 8, 2012 Share Posted November 8, 2012 Do you have to ask the PSLA permission to change the constituion if you are using theres? Link to comment Share on other sites More sharing options...
AnonyMouse_12805 Posted November 9, 2012 Share Posted November 9, 2012 Susie, only if your constitution states so. Link to comment Share on other sites More sharing options...
AnonyMouse_3975 Posted November 9, 2012 Share Posted November 9, 2012 Susie, only if your constitution states so. It does. Does anyone have any experience of changing there PSLA constituion. Link to comment Share on other sites More sharing options...
Guest Posted November 10, 2012 Share Posted November 10, 2012 We had the PLA one and changed it at an extraordinary general meeting. Basically we rewrote the part we weren't happy with and sent the new version with the minutes of the meeting, showing a quorum and a vote in favour of the change, to the Charity Commission. Have to say we never received a reply from them but as far as I could tell it was above board. We closed this summer, about 2 years after making the change, so I can't say if there would have been any other implications down the line but it was no problem for us. I was told that the PLA constitution was a model one that was accepted by the CC. Therefore it was easy for new charities to be set up using it as the constitution was pre-approved. However small changes didn't seem to alter the overall constitution so I assume that they would be accepted by the CC. I never ran it by the PLA but then again they never asked about it. Link to comment Share on other sites More sharing options...
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