The Importance of Your Club Constitution
The RFU recommends that the starting point here is to read the Overview of Constitutions document (MS Word DOC 120kB), enabling you to get a better understanding of how a club's constitution affects their operations, on and off the pitch.
The RFU's Governance Committee is concerned about the number of rugby clubs which have unincorporated legal status and the consequent personal financial risk to their committee members and officers. The Risks of Unincorporated Legal Status document (PDF 707kB) outlines these dangers.
The RFU recommends that all clubs incorporate and have provided guidance and information on two options to consider. We suggest you read Incorporation - What You Need to Know (PDF 706kB) before you start.
Please note: there have been recent guideline changes, and these are outlined in the following document available in Word and PDF format:
RFU CASC incorporation note April 2012 - Word
RFU CASC incorporation note April 2012 - PDF
Unincorporated clubs that are CASC's should not incorporate until HMRC's revised CASC guidance is available. A number of clubs have been de-registered on incorporation but the new company to which the club's activities have been transferred has not been registered because of an imminent change in HMRC's guidance on eligibility for CASC status.
Guidance on Incorporation of unincorporated CASCs (Word 54kB).
Company Limited By Guarantee
Becoming a Company Limited By Guarantee is an option, so please find documents on the following below:
Industrial and Provident Society
Becoming an Industrial and Provident Society (IPS) is the other major option, please find documents on the following:
Please be aware that the Financial Services Authority (FSA) has included a new question within the registration form for club’s / CBs wishing to register as an Industrial and Provident Society (IPS). It asks ‘Who is the sponsoring body’?, and if clubs / CBs are using the RFU Model Rules then the answer to that questions is the RFU.
Clubs / CBs that indicate the RFU is the sponsoring body will save money on the incorporation fee. However, the completed application form, along with a copy of the proposed rules, together with what changes are being made from the RFU Model Rules registered with the FSA, need to be sent to the RFU Legal Department for sign off.
Useful guidance documents are Incorporation for Rugby Clubs - How Farrer & Co can help (PDF 113kB) and RFU Guidance Note on Two Company Incorporation (MS Word DOC 75kB).
If clubs are using the model rules then current fee payable to the FSA is £40 if no changes from the Model Rules, £120 for 1-6 changes, £350 for 7-10 changes and £950 for 11 or more changes or if the club is not using the model rules.
For further information on Community Amateur Sports Club (CASC) registration is available on the RFU website.