Club liability

[smackinnon]

Do any of the members on this board have any experience or knowledge on moving your fishing club (or association) from simply a club, to a limited company,  in order to protect your members from any liability that could arise if the club were found to be negligent in a serious accident. how easy is it and how costly might it be ?

[arawa]

From my experience, you are right to be concerned. When I became commodore of my sailing club I was advised (by a solicitor) that I could be held personally liable – and be sued – should, for example, a child be injured for some failing of the club organisation. With a harbour, slipways, clubhouse, and lots of children's activities this was a serious matter.

I mitigated the risk by ensuring that the club's insurance policy covered the committee for anything but gross personal negligence in performing our duties. Another problem was that the club could not legally own anything and so it had to be held in trust by individuals.

The club is now in the process of becoming a Scottish Charity Incorporated Organisation

https://www.oscr.org.uk/becoming-a-charity/becoming-a-scio

that solves all the issues and more including bringing some tax benefits.  I am not an expert or involved in the change but I believe there are some downsides (although outweighed by the benefits) including some restrictions on spending and additional bureaucracy. The only significant cost is that of transferring legal ownership of our buildings to the new body.

The above link refers to the Scottish version but it mentions the English & Welsh equivalent.

[Bobfly]

Becoming a SCIO is a good way to go. I set up a mountaineering charity in 1992 which registered with OSCR and I was a main trustee for 25 plus years. I was always concerned about my liability risk as we owned and operated a 16 bed bunkhouse used by clubs most weekends and for full weeks. So a building with no warden and full of climbers "relaxing" after a day on the hill ! The bunkhouse profit was used to pay for training and safety courses. Once the SCIO option came along we put title across from the trust.

[bibio1]

From my experience, you are right to be concerned. When I became commodore of my sailing club I was advised (by a solicitor) that I could be held personally liable – and be sued – should, for example, a child be injured for some failing of the club organisation. With a harbour, slipways, clubhouse, and lots of children's activities this was a serious matter.

I mitigated the risk by ensuring that the club's insurance policy covered the committee for anything but gross personal negligence in performing our duties. Another problem was that the club could not legally own anything and so it had to be held in trust by individuals.

The club is now in the process of becoming a Scottish Charity Incorporated Organisation

https://www.oscr.org.uk/becoming-a-charity/becoming-a-scio

that solves all the issues and more including bringing some tax benefits.  I am not an expert or involved in the change but I believe there are some downsides (although outweighed by the benefits) including some restrictions on spending and additional bureaucracy. The only significant cost is that of transferring legal ownership of our buildings to the new body.

The above link refers to the Scottish version but it mentions the English & Welsh equivalent.

excellent advice

[smackinnon]

thanks for that. the charity option is not quite right for us as we are a private club, it would also involve  us having to comply with the"charity regulations" as well as company house legislation, we are thinking of going down the "limited by guarantee" route. either way looks like a fair bit of paperwork.A couple of local fishing clubs are also going down ( of have just went)  this path. Looks like with all these "no win no fee" companies circulating around even small clubs need to protect themselves

[Wildfisher]

Many lochs where boats were once hired to anglers no longer do so. Just too risky in today's  blame and no personal responsibility  culture. It's a great pity, but that's the way it is.

[Laxdale]

Have a word with SANA about this issue. I know, I know......
On this occasion I think they will be able to provide the information you require.

[Captain conger]

i dont know much about this however, is it not as simple as obtaining signatures on a disclaimer with something to the effect of.....

"if you fall and hurt and hurt yourself, get off your phone and look where your bloody well going.
dont go out in a boat with a hole in it
dont crash bash or smoke hash in anything
dont be a dick"

[Wildfisher]

"if you fall and hurt and hurt yourself, get off your phone and look where your bloody well going.
dont go out in a boat with a hole in it
dont crash bash or smoke hash in anything
dont be a dick"

:lol: 

[Laxdale]

i dont know much about this however, is it not as simple as obtaining signatures on a disclaimer with something to the effect of.....

"if you fall and hurt and hurt yourself, get off your phone and look where your bloody well going.
dont go out in a boat with a hole in it
dont crash bash or smoke hash in anything
dont be a dick"

If only......