Chapter DMBM585160

Published date29 April 2016
Record NumberDMBM585160

A club may, by its constitution, be either a proprietary club or a members’ club. Certain clubs may also be unincorporated associations which are associations of persons not in partnership and not registered under any act of Parliament (see below). For further information on unincorporated associations see DMBM585165.

It is necessary to establish beyond doubt the type of club involved, and whether or not the club is incorporated.

The assessing office, employers section or the club itself should be able to tell you the type of club and other necessary information.

You will need to establish who is in control of the club and assess the assets position. Taking Control of Goods (TCoG) is the preferred enforcement option but if you are unable to use this particular method take county court proceedings.

Proprietary clubs

Members of proprietary clubs pay subscriptions to the owner of the club, who may be an individual, a partnership or a limited company. It is the owner who is the employer and is responsible for payment of debts. In the case of a proprietary club, take any of the usual enforcement methods against the owner.

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Members’ clubs

Members clubs may be registered (incorporated) under either the Friendly Societies Act 1974 or 1992 or the Co-operative and Community Benefit Societies Act 2014. Registration establishes the club as a body with a separate existence from the individuals belonging to it. It also enables the organisation to hold property and assets and enter into contracts in its own right.

TCoG remains the preferred method of enforcement (England & Wales and Northern Ireland) but in the absence of any effects for TCoG, you should arrange for the present officers of the club to be interviewed preferably collectively but if not individually.

Establishing whether a club is registered under the Friendly Societies Acts or the Co-operative and Community Benefit Societies act

A check of companies house will show:

  • FS for clubs registered as a Friendly Society
  • for clubs registered as a Co-operative Society the CRN will have a starting number from 4000
  • for clubs registered as a Community Bnefit Society the CRN will have a starting number from 7000
  • IP for clubs registered under the old Industrial and Provident Societies Act 1965 referred to now as Registered Societies.

The Mutual Societies Public Records will confirm whether the club or association is registered under one of these Acts.

Members’ clubs registered under the Friendly...

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