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  • Decide on structure

Decide on structure

Choose the right legal structure for your organisation, based on what you plan to do.

The type of legal structure which is right for your organisation will depend on the scale of your plans and the level of risk involved. For example, whether you intend to take on staff and run premises are important questions which are likely to influence your choice of structure. You can find out more about making a plan before deciding which structure is right for you.

The legal structure of your organisation is quite separate from its charitable status. Voluntary organisation can be either incorporated or unincorporated.

We’ve included information here on the most common legal structures for Scottish voluntary organisations, all of which can register as a charity:

SCIO – Scottish Charitable Incorporated Organisation

The SCIO has been purpose built for the charity sector in Scotland and provides limited liability.

Voluntary or Unincorporated Association

The simplest and least bureaucratic form of legal structure, with low set up costs.

Company Limited by Guarantee

A clear legal entity separate from the people involved in it, but it must comply with UK Company Law.

Trust

Best suited to small groups of people who want to manage money or property.

Other structures

Includes information about: Community Interest Company (CIC), co-operative, industrial and provident society or friendly society.

Previous step: 5. Consider the risks Next step: 7. Write your constitution

Page last modified on 27th January 2020

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  • Support & learning
  • Setting up a charity
  • 1. Get started
  • 2. Make a plan
  • 3. Decide on membership
  • 4. Decide on charitable status
  • 5. Consider the risks
  • 6. Decide on structure
  • 7. Write your constitution
  • 8. Next steps
  • Frequently asked questions

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The Scottish Council for Voluntary Organisations is the membership organisation for Scotland's charities, voluntary organisations and social enterprises. Find out more

© 2021. The Scottish Council for Voluntary Organisations (SCVO) is a Scottish Charitable Incorporated Organisation.
Charity registered in Scotland SC003558. Registered office Mansfield Traquair Centre, 15 Mansfield Place, Edinburgh EH3 6BB.

Scottish Council for Voluntary Organisations