LEGAL ADVICE AND HELP FROM THE RFU

Changes to rules for Incorporation

Incorporation

The other matter which is important is to consider incorporating your Club. I appreciate that there are now eleven Clubs within the CB who have taken this step to protect themselves and their committee members. You should seriously study the RFU CD/Newsletter
published in Summer 2008. - 'THE RISKS ON UNINCORPORATED LEGAL STATUS ' There are several cautionary tales within that document.  Some of those you will recognise as of potential risks to Clubs who remain 'members clubs'.

Can I also draw your attention to the RFU Community rugby website 'Club Management' and 'Constitution Guidelines' as well. In this day and age, of litigation and the financial dangers to unincorporated bodies, all main management teams in Clubs will have access to risks to their personal finances and in more major problems to the membership as a whole.  If you are moving towards Incorporation, I would appreciate it if you could keep me informed, so I can inform the Executive. 

Incorporation documents - the RFU will be putting up a new precedent constitution for a company oon the RFU  website as from 1 October
Companies House will not accept the current standard form of memorandum and articles.  All the other documents will still stand. 
 

New CASC Website Launched

Sports clubs play a valuable role in their communities. The CASC scheme recognises this important role by distinguishing between clubs and businesses for rates and tax purposes, ensuring money is kept in sports clubs.
Both property and non-property owning clubs can significantly benefit from the scheme. The key benefits of casc registration include:

• 80% mandatory business rate relief. Local authorities can offer up to 100% relief to clubs at their discretion.
• The ability to raise funds from individuals under Gift Aid. A registered CASC can reclaim up to £28 in tax for every £100 donated, though at the moment this does not apply to all types of donations.
• CASCs are exempt from Corporation Tax on profits derived from trading activities if their trading income is under £30,000 pa.
• Profits derived from property income are also exempt for CASCs if gross property income is under £20,000 pa, of particular relevance following the abolition of the nil rate band.
• CASCs whose income does not exceed these thresholds will no longer be required to complete an annual Corporation Tax return.
  
  Relief on business rates alone are estimated by the Chancellor of the Exchequer to be worth £2000 per year. Whilst this only benefits facility owning clubs, non-facility owning clubs can still significantly benefit from Gift Aid and exemption from Corporation Tax.
  
  For more information you can visit the new CASC website www.cascinfo.co.uk
  
  The RFU has produced information relating to CASC status and the 'Payment of Volunteer Expenses and Gift Aid' and 'Payment to Players". While this information is intended to provide clubs with greater clarity around these two complex issues and CASC status, clubs are reminded that they should seek their own independent legal advice before commiting to a particular course of action. Please click on the following links to download the documents:
  • CASC Volunteer Expenses Gift Aid
  • CASC Payment to Players
  • Tax Relief For Subscriptions to CASC'S

  http://www.community-rugby.com/communityrugby/index.cfm/Fuseaction/Home.Story/StoryTypeId/104/SectionId/706/StoryId/20436.cfm 

Data Protection

Data Protection
Please can you very carefully review whether your club needs to register under the Data Protection Act.   Much has changed over the last few years, and it might well be that with changing circumstances, and the greater use of details by one or more sections of your club, the details you maintain  on one or more computers, will bring you within the perimeters to register you Club.   This is important where you have Junior sections and those clubs wishing to be Pathfinders. 

The forms and guidance details can be found at www.ico.gov.uk