Money and property
- It cannot operate a bank account in its own name.
- It cannot own land, buildings or equipment as an entity.
- Assets it did own can become ownerless and pass to the Crown.
- It generally cannot receive grants, which almost always require current registration.
Contracts and liability
- It cannot enter into contracts, including leases and venue hire, in its own name.
- It cannot sue or be sued as an entity.
- Individual committee members can be personally on the hook for commitments made after removal.
The insurance trap
Public liability cover names the insured entity. If that entity has been removed, a claim can be declined on the basis that the named insured did not exist at the time of the incident. Clubs running events on hired grounds are the most exposed.
Common questions
What are the rules for unincorporated societies?
An unincorporated group can still operate, but it has no separate legal identity. Its members hold property and liability personally, which is exactly the exposure incorporation was designed to remove.
Can we just start a new society instead?
You can incorporate a new society, but it is a different legal entity. It does not inherit the old society's assets, bank accounts, history or funding relationships. Restoration is usually the better route where assets are involved.
Societies this applies to
Real entries from the register, all removed without ever reregistering: