Although MSDT is not registered as a charity, it has charitable aims written into its Articles of Association. There are also clauses that cover the ability of MSDT to exercise powers under the Land Reform Act (clause 7h) and Community Empowerment Act (clause 7i). As a membership organisation (clauses 14-32), ordinary members have the power to elect directors and vote on resolutions at general meetings.
As for registered charities, these Articles stipulate an asset lock whereby any surplus asset of the company must be applied for the benefit of the Community (clause 8) and, upon winding-up of the company, it’s assets are to be transferred to another community body or another charitable organisation (clauses 143-144).
The Articles have been reviewed by the Scottish Ministers who have confirmed that they are satisfied that the main purpose of the community body (MSDT) is consistent with furthering the achievement of sustainable development. The Scottish Ministers require to be notified of any changes to the Articles (clause 58.1).
The full document in PDF is available here. If you would like a Word copy of these Articles, please get in touch directly via any of the link buttons below.