The ECT’ s Constitution

The ECT is currently a Company Limited by Guarantee with Charitable Status.

For some time the Board of Trustees/Directors has been considering the need to change the constitution as the current memorandum and Articles of Association lack the level of flexibility the organisation needs as it moves forward and takes on additional charitable roles..  

The introduction in recent years of a new form of charitable organisation, a Scottish Charitable Incorporated Organisation (SCIO), gives us the opportunity of remedying this by converting the form of ECT from a Company Limited by Guarantee with Charitable Status to a SCIO and adopting a model constitution approved by the Scottish Government and the charities regulator in Scotland, OSCR.  

The work to prepare for this has had the assistance of the Development Trust Association Scotland (DTAS). This new constitution will have the advantages of broadening our objects clause, being  a widely recognised and approved charitable form with limited liability giving ECT powers under the Community Land Act having to answer to only one regulator, OSCR, reducing the work of filing returns and accounts. Currently we also have to comply with company law and report to Companies House.  Though the requirements of the two regulators are little different they could change in future.

Having spent some time looking at the pros and cons , the Board at the forthcoming AGM will therefore  be proposing that members approve the conversion and agree to a new constitution which will allow this.   Once some final details are agreed with DTAS, a copy of the new constitution will be made available to all members on our web site prior to the AGM. If approved by members, the new constitution will not come into effect until approved by OSCR and the existing company is deregistered by Companies House


Existing Memorandum & Articles

M & A Reviewed November 2022