Frequently Asked Questions About Supporters Trusts
What is a Supporters Trust?
The basic definition of a Trust is a democratic, not-for-profit
organisation of supporters, committed to strengthening the voice
for supporters in the decision making process at a club, and strengthening
the links between the club and the community it serves.
What's the Role of Supporters Direct?
Supporters Direct help fans form Trusts by offering advice on what
form it should take and how to get it off the ground. They ensure
that as many people get involved as possible. Having worked with
fans setting up over 100 trusts since 2001, they advise fans on
what works and what doesn't and give examples of good ideas from
other places. As the fans who get involved are volunteers, it's
important that they don't get disheartened or feel they wasted time
on something that hasn't delivered, Supporters Direct help them
avoid going up blind alleys and instead spend their time on things
that will be positive and make a difference. They also take some
of the load off the fans' hands having full-time staff dedicated
to a group of clubs who are at the end of a phone to advise, if
needed. They also pay for all the legal costs of setting up a Trust
and provide small grants, to cover things like advertising, printing,
and room hire etc.
Why Form a Trust? How does a Trust differ from an Independent
Supporters' Association?
The main difference between a Trust and an ISA
is organisational. The legal assets of an Industrial and Provident
Society (IPS) can be owned 'corporately' rather than being vested
in individuals; members have limited liability (and so do the elected
officers) and the full force of the law can be brought to bear on
anyone who misappropriates the funds.
It's also a democratic not-for-profit body.
Finally, it states clearly and boldly that a
key aim is the securing of representation and strengthening the
links between club and community. It's the 'big idea' that is often
needed to get things off the ground - the idea at the heart is "why
always be criticising, when we can be running and participating
- we think we can bring huge benefits to the club, so give us a
chance to own the club we love - or at least a part of it!".
It's about putting a professional face to the
club and saying 'we're not a bunch of raggy-arsed fans' but that
we're capable, skilled people with something to offer the club.
That doesn't mean that you're unable to criticise the club - as
a democratic organisation, the members determine your policy and
stance towards the club - but an IPS imposes certain disciplines
on a group that we think can only be a good thing - democracy, accountability
and transparency - and this can only reinforce the points we make.
What About the Responsibility on Trustees?
Responsibility is limited to obeying the constitution and the will
of the members. If you do what the rules state and obey the members,
and end up in strife, it's the Trust that gets sued, not you individually
as committee members. If however committee members break the rules
and things go wrong, they can be personally liable for any damages
- the claim comes from the members who will say 'we're not covering
your back when you broke the rules in the first place'. In terms
of responsibility, they are merely to observe the constitution and
run a well ordered ship - which shouldn't be any different from
what any well-run organisation should be doing. The 'statutory responsibility'
is to get the rule changes approved by the Registrar of Friendly
Societies and doing annual accounts and elections - again, something
every good organisation should be doing.
Do You Have to be a Shareholder to Join a Trust?
No. The beauty of a Trust is that you get the best of both worlds.
Fans who have a small number of shares can proxy them to the trust
so they are voted en bloc and make a bigger difference. But fans
who aren't shareholders can just join, and any shares the Trust
buys or gets are owned collectively by all the members. This is
a way for people to become shareholders, along with other fans.
You bring together the fans with shares and the fans without shares,
and pool the power of both groups to everyone's benefit.
Can Members Get Their Own Share Certificates?
Different clubs have done different things. Some have printed share
certificates for members of the Trust for them to frame. AFC Wimbledon
have done this and at Chesterfield life members of the Trust got
a certificate saying that they were a permanent shareholder in the
Trust, and as the Trust owned the club, they were an owner of the
club. If you are a shareholder in the club itself it's up to the
club to provide a certificate.
Why are Trusts So Concerned About Links with the Local Community,
Even in Cases Where the Club is in Crisis?
A lot of people look at how football has gone over the past 10
years and feel that the community roots of a club in some places
have been lost - the clubs seems to care more about money, or sponsors,
than fans who live in the area. The classic example is a Premiership
club that doesn't allow a supporters club to be based in the area
where it plays, as they assume everyone there supports them anyway.
The club represents the very best of the community it plays in,
and can act as a symbol of that community for everyone to support.
Trusts are about making that really happen. It's usually the fans
who care most about these things as they often live in the community
or used to, and they want to see the kids in the town centre on
a Saturday wearing the local club shirt rather than a club 250 miles
away.
Must Members be Over 16 to Vote in Elections or Meetings?
As a Trust is a legal entity (under company law, it's classed as
a company, but it's a company that only allows one share per person
and is not-for-profit), minors aren't allowed to be full, voting
members. However you can have a young fans' section which has a
representative on on the Trust committee, and young fans can join.
You can create a category called 'associate membership' for example,
which is cheaper, which means young fans can do everything except
vote at the AGM and in the elections. But your youth section can
have votes itself, and the Trust can take that on board in its own
decisions. At Chesterfield for example, their young fans' section
was set up expressly to bring out the next generation of leaders
of the club - the people who would be running it in 10-20 years
time.
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