This email is the formal notification of the online EGM on 20 September 2024 relating to one subject and its resolution.

A Special EGM as the Charity Comision have not accepted our application

This email contains the details and MS Teams links

This email is the formal notification of the online EGM on 20 September 2024 relating to one subject and its resolution.

Setting up the British Association of Construction Heads as a Company

The EGM will take place online at 08.45 on Friday, 20 September 2024

Please add this important date to your diary and calendars.

All Members can attend the EGM, and 2024 Training Members can vote. If you do not have your online voting link this week, please email

ia***@ba**.uk











ASAP.

There are no documents attached, as the full details are in the box below. They will also be on the www.bach.ac.uk under Resources, search EGM’

Meeting link MS Teams

Details for members

EGM 20 September 2024 at 08.45

Setting up the British Association of Construction Heads as a Company

1. Introduction

1.1 Members will recall that BACH has applied to The Charity Commission to become a registered charity due to continued growth. This application has been refused, and therefore, the National Executive Committee (NEC) is asking members to approve, at the EGM, an alternative way forward.

2. Background

2.1 The main driver for moving to a charity model for BACH was that the continued growth and success of the Association have meant:

a) We have opportunities to gain additional sponsorship funding, but need to be constituted as a formal not-for-profit organisation, preferably a charity;

b) We are approaching the threshold, in a few months’ time, of having to register for VAT, and hence, if we remain as a membership association, we will have to charge members 20% VAT.

2.2 For these reasons, following advice that the charity was the best model, we applied to The Charity Commission. They have written to us and informed us that our application has not been approved. Therefore, the options open to us now are:

a) Appeal the Commission’s decision. Unfortunately, there is no guarantee we would win an appeal, and the timescale involved would mean that we could not avoid registering for VAT and charging this to members.

b) Register all or the non-member activities of the British Association of Construction Heads as a not-for-profit company in the form of a Company Limited by Guarantee. Subject to HMRC approval, this should give benefits similar to those of BACH as the charity would, e.g., membership fees not subject to VAT.

2.3 We have taken initial advice, and the second option is the only sensible way forward in the time constraint we have in terms of VAT registration.

3. Recommendation to BACH members to vote for the motion at the EGM

3.1 The membership is asked to approve:

a) British Association of Construction Heads be set up as a not-for-profit Company Limited by Guarantee.