This is an odd situation. A sports club I know which is affiliated to a well know National Sports Body, as been going about 12 year run by a coach. In that time the coach has been chairman & treasurer and his partnner secretary. The club has what I would call a "back dated consistitution" (becuase it includes rules which did not exist at the time it was supposed to have been accepted). It has never had anyone else on the committee and never produced any accounts. The constitution does not actually mention accounts (removed from the template currently assessed from the web site of the national sports body), and does not give the members any rights.
I was asked to query the legitamacy of the club with the coach and he said it did not turnover enough to justify the need to have accounts etc ! He did call a AGM just over a year ago, when I asked why he had never had one, but told the members that they did not have to attend so understandably that was a non event as no one turned up for it.
I have spoken the the Sports body but they won't get involved other than to check that the affiliation fees have been paid (!) The club is not a client (so I cannot report them for money laundering as they are not a CASC) but I have been asked privately by another sports club who is not happy with the situation what if anything they can do about it as the coach insists there is nothing wrong in what he is doing. The other club which has a committee and produces annually independantly checked accounts tried to set up a second club in "competition" but was turned down by the National Sports body as there was already a club in the same place.
Does anyone have any Ideas or is the coach right and he can do as he pleases?
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Is the club limited, a members club, ordinary business etc.?
Is the club a limited company? If so, under which acts of parliament was it incorporated? If so the act under which it was incorporated must be obeyed. This situation will be the most straight forward to deal with.
Does the national association have any rules etc., which are compulsory, for affiliated clubs? Is the template (or part of it) you mention compulsory for affiliated clubs or merely advisory? If compulsory (or anything else is compulsory) it could be argued that the club must amend its rules etc. or resign from the national association. Which national association is the club affiliated to? There is no need to identify the name of the club or its location, so as to protect confidentiality.
If the club is not incorporated under any act, then the constitution is important. It is a contract between the members of the club. Have any changes to the constitution been properly voted through? Is the constitution properly defined and has it been sent to all members? If not then the constitution may be unclear, and there may be arguments over it. There are few rules saying what can or cannot be in the constitution. For example if the constitution does not have any method of changing the constitution, then it cannot be changed without agreement of all members!! If such a club needs its constitution changing then unless no member objects to the changes, the club needs to be wound up and a new club formed. Does it provide for an AGM or elections to the committee? Some unincorporated clubs are members clubs and typically have AGM’s, committee elections, accounts, etc. Others are really businesses run by a sole trader or a partnership, as if it was an ordinary business. You need to read the constitution.
Taxation is another area of concern. You suggest that the club has not produced any accounts; has it filed any income or corporation tax returns? If the club is really a sole tradership or partnership, then the appropriate income tax returns need to be done; has the coach and his partner filed these? If the club is really an unincorporated members club, usually profits are not distributed, but reinvested in the club, then corporation tax returns are needed. They may be able to take advantage of mutual trading, where members contributions and fees etc. are not going to other people as profits, but kept in the club, income/corporation tax is not due on these. Incorporated companies are handled in the usual way, but mutual trading can still be taken advantage of, if appropriate. Community Amateur Sports Clubs (CASC) have tax advantages. What about VAT? Does the club file VAT returns? Is its vatable turnover over the limit for compulsory registration?
I am not an expert in this area, and I think you and the coach need to take advice on the situation from a professional.
Which sport does it participate in ?
Does it have facilities eg changing rooms,bar etc?
Surely the constitution has a section on members rights in return for their subs
Why not lobby all the playing members and get them to join your "client" club