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Unincorporated associations in English law
Unincorporated associations in English law have a series of features that demarcate them from other areas of English law. An unincorporated association consists of two or more members bound by the rules of a society which has at some point in time, been founded.
Several theories have been proposed as to the way that such associations hold rights. A transfer may be considered to have been made to the association's members directly as joint tenants or tenants in common. Alternatively, the funds transferred may be considered to have been under the terms of a private purpose trust. Many purpose trusts fail for want of a beneficiary and this may therefore result in the gift failing. However, some purpose trusts are valid, and, accordingly, some cases have decided that the rights associated with unincorporated associations are held on this basis. The dominant theory, however, is that the rights are transferred to the members or officers absolutely, perhaps on trust for the members, but are importantly bound by contracts ''inter se''.
Accordingly, on dissolution, the distribution of these rights depends on how they were held. A purpose trust may by its nature survive the dissolution of the association, or it may not. If it fails as a result of the dissolution, then the rights will be held on resulting trust for the contributors, unless they can be shown to have renounced their right to such a trust in their favour. If the rights are held subject to contract, then they will be divided among the surviving membership upon dissolution, according to the terms of the contracts ''inter se'' or an implied term according to contribution. If, as a result of this contract or statute, no member can claim, the rights will pass to the Crown as ''bona vacantia''. This conclusion has also been suggested where the association dissolves because only one members remains, although this has been doubted by some commentators who believe the last members should be entitled to the rights.
==Definition==
One definition of an unincorporated association was given in ''Conservative and Unionist Central Office v Burrell'': "where two or more persons are bound together for one or more common purposes by mutual undertakings, each having mutual duties and obligations, in an organization which has rules identifying in whom control of the organization and its funds are vested, and which can be joined or left at will."〔''Conservative and Unionist Central Office v Burrell'' () 1 WLR 522〕 The essential elements are that there exist members of the association; that there is a contract binding them ''inter se''; and that there must have been a moment in time when a number of persons came together to form the association.〔Pettit (2008). p. 62.〕
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