Unincorporated association refers to a group of people in common law jurisdictions—such as the United Kingdom, Canada, and New Zealand—who organize around a shared purpose without forming a corporation or similar legal entity. Unlike in some civil law systems, where associations gain legal personality upon registration,[1] these groups lack such status and arise from contract rather than formal incorporation. They are distinct from partnerships because their members do not unite for profit. Easy to form with minimal formalities, unincorporated associations offer flexibility but no separate legal identity.
These associations require a contractual relationship—without it, a casual group like friends meeting regularly doesn’t qualify, no matter how often they gather. Under common law contract rules, they can even form unintentionally, as members may not realize their agreement creates an association. Often viewed as informal institutions, they aim for permanence and recognition apart from their individuals, spanning tiny groups (like an amateur football team splitting pitch costs) to vast organizations (like co-operatives, trade unions, or professional associations with thousands of members).
- ^ "Déclaration initiale d'une association" [Declaration of association]. Service-Public.fr, "Le site officiel de l'administration Française" (in French). Direction de l'information légale et administrative (France, Directorate of legal and administrative information).
Pour pouvoir conclure un contrat, agir en justice, recevoir une subvention notamment, les fondateurs d'une association doivent effectuer une déclaration au greffe des associations ... L'association acquiert ainsi la personnalité morale ... et la capacité juridique.
[In order to enter into contracts, to sue or be sued, receive a grant, etc, the first members of an association must make a declaration to the registrar of associations ... The association thereby acquires legal personality and legal capacity.]