|
| |
|
(2) | In subsection (1)(d), “conveyance” means any instrument creating, |
| |
transferring, varying or extinguishing an interest in land. |
| |
(3) | Subsection (5) applies if the name of a CIO does not include— |
| |
(a) | “charitable incorporated organisation”, or |
| |
(b) | “CIO”, with or without full stops after each letter, or |
| 5 |
(c) | a Welsh equivalent mentioned in subsection (4) (but this |
| |
option applies only if the CIO’s constitution is in Welsh), |
| |
| and it is irrelevant, in any such case, whether or not capital letters are |
| |
| |
(4) | The Welsh equivalents referred to in subsection (3)(c) are— |
| 10 |
(a) | “sefydliad elusennol corfforedig”, or |
| |
(b) | “SEC”, with or without full stops after each letter. |
| |
(5) | If this subsection applies, the fact that a CIO is a CIO shall be stated |
| |
in legible characters in all the documents mentioned in subsection |
| |
| 15 |
(6) | The statement required by subsection (5) shall be in English, except |
| |
that in the case of a document which is otherwise wholly in Welsh, |
| |
the statement may be in Welsh. |
| |
69D | Offences connected with name and status |
| |
(1) | A charity trustee of a CIO or a person on the CIO’s behalf who issues |
| 20 |
or authorises the issue of any document referred to in paragraph (a), |
| |
(b), (d) or (e) of section 69C(1) above which fails to comply with the |
| |
requirements of section 69C(1), (5) or (6) is liable on summary |
| |
conviction to a fine not exceeding level 3 on the standard scale. |
| |
(2) | A charity trustee of a CIO or a person on the CIO’s behalf who signs |
| 25 |
or authorises to be signed on behalf of the CIO any document |
| |
referred to in paragraph (c) of section 69C(1) above which fails to |
| |
comply with the requirements of section 69C(1), (5) or (6)— |
| |
(a) | is liable on summary conviction to a fine not exceeding level |
| |
3 on the standard scale, and |
| 30 |
(b) | is personally liable to the holder of the bill of exchange (etc.) |
| |
for the amount of it, unless it is duly paid by the CIO. |
| |
(3) | A person who holds any body out as being a CIO when it is not |
| |
(however he does this) is guilty of an offence and is liable on |
| |
summary conviction to a fine not exceeding level 3 on the standard |
| 35 |
| |
(4) | It is a defence for a person charged with an offence under subsection |
| |
(3) to prove that he believed on reasonable grounds that the body |
| |
| |
| 40 |
69E | Application for registration |
| |
(1) | Any one or more persons (“the applicants”) may apply to the |
| |
Commission for a CIO to be constituted and for its registration as a |
| |
| |
|
| |
|
| |
|
(2) | The applicants shall supply the Commission with— |
| |
(a) | a copy of the proposed constitution of the CIO, |
| |
(b) | such other documents or information as may be prescribed |
| |
by regulations made by the Secretary of State, and |
| |
(c) | such other documents or information as the Commission |
| 5 |
may require for the purposes of the application. |
| |
(3) | The Commission shall refuse such an application if— |
| |
(a) | it is not satisfied that the CIO would be a charity at the time |
| |
it would be registered, or |
| |
(b) | the CIO’s proposed constitution does not comply with one or |
| 10 |
more of the requirements of section 69B above and any |
| |
regulations made under that section. |
| |
(4) | The Commission may refuse such an application if— |
| |
(a) | the proposed name of the CIO is the same as, or is in the |
| |
opinion of the Commission too like, the name of any other |
| 15 |
charity (whether registered or not), or |
| |
(b) | the Commission is of the opinion referred to in any of |
| |
paragraphs (b) to (e) of section 6(2) above (power of |
| |
Commission to require change in charity’s name) in relation |
| |
to the proposed name of the CIO (reading paragraph (b) as |
| 20 |
referring to the proposed purposes of the CIO and to the |
| |
activities which it is proposed it should carry on). |
| |
69F | Effect of registration |
| |
(1) | If the Commission grants an application under section 69E above it |
| |
shall register the CIO to which the application relates as a charity in |
| 25 |
the register of charities. |
| |
(2) | Upon the registration of the CIO in the register of charities, it |
| |
becomes by virtue of the registration a body corporate— |
| |
(a) | whose constitution is that proposed in the application, |
| |
(b) | whose name is that specified in the constitution, and |
| 30 |
(c) | whose first member is, or first members are, the applicants |
| |
referred to in section 69E above. |
| |
(3) | All property for the time being vested in the applicants (or, if more |
| |
than one, any of them) on trust for the charitable purposes of the CIO |
| |
(when incorporated) shall by virtue of this subsection become vested |
| 35 |
in the CIO upon its registration. |
| |
(4) | The entry relating to the charity’s registration in the register of |
| |
| |
(a) | the date of the charity’s registration, and |
| |
(b) | a note saying that it is constituted as a CIO. |
| 40 |
(5) | A copy of the entry in the register shall be sent to the charity at the |
| |
principal office of the CIO. |
| |
|
| |
|
| |
|
Conversion, amalgamation and transfer |
| |
69G | Conversion of charitable company or registered industrial and |
| |
| |
(1) | The following may apply to the Commission to be converted into a |
| |
CIO, and for the CIO’s registration as a charity, in accordance with |
| 5 |
| |
(a) | a charitable company, |
| |
(b) | a charity which is a registered society within the meaning of |
| |
the Industrial and Provident Societies Act 1965. |
| |
(2) | But such an application may not be made by— |
| 10 |
(a) | a company or registered society having a share capital if any |
| |
of the shares are not fully paid up, or |
| |
| |
(3) | Such an application is referred to in this section and sections 69H and |
| |
69I below as an “application for conversion”. |
| 15 |
(4) | The Commission shall notify the following of any application for |
| |
| |
(a) | the appropriate registrar, and |
| |
(b) | such other persons (if any) as the Commission thinks |
| |
appropriate in the particular case. |
| 20 |
(5) | The company or registered society shall supply the Commission |
| |
| |
(a) | a copy of a resolution of the company or registered society |
| |
that it be converted into a CIO, |
| |
(b) | a copy of the proposed constitution of the CIO, |
| 25 |
(c) | a copy of a resolution of the company or registered society |
| |
adopting the proposed constitution of the CIO, |
| |
(d) | such other documents or information as may be prescribed |
| |
by regulations made by the Secretary of State, and |
| |
(e) | such other documents or information as the Commission |
| 30 |
may require for the purposes of the application. |
| |
(6) | The resolution referred to in subsection (5)(a) shall be— |
| |
(a) | a special resolution of the company or registered society, or |
| |
(b) | a unanimous written resolution signed by or on behalf of all |
| |
the members of the company or registered society who |
| 35 |
would be entitled to vote on a special resolution. |
| |
(7) | In the case of a registered society, “special resolution” has the |
| |
meaning given in section 52(3) of the Industrial and Provident |
| |
| |
(8) | In the case of a company limited by guarantee which makes an |
| 40 |
application for conversion (whether or not it also has a share capital), |
| |
the proposed constitution of the CIO shall (unless subsection (10) |
| |
applies) provide for the CIO’s members to be liable to contribute to |
| |
its assets if it is wound up, and for the amount up to which they are |
| |
| 45 |
|
| |
|
| |
|
(9) | That amount shall not be less than the amount up to which they were |
| |
liable to contribute to the assets of the company if it was wound up. |
| |
(10) | If the amount each member of the company is liable to contribute to |
| |
its assets on its winding up is £10 or less, the guarantee shall be |
| |
extinguished on the conversion of the company into a CIO, and the |
| 5 |
requirements of subsections (8) and (9) do not apply. |
| |
(11) | In subsection (4), and in sections 69H and 69I below, “the appropriate |
| |
| |
(a) | in the case of an application for conversion by a charitable |
| |
company, the registrar of companies, |
| 10 |
(b) | in the case of an application for conversion by a registered |
| |
society, the Financial Services Authority. |
| |
(12) | In this section, “charitable company” means a company which is a |
| |
| |
69H | Conversion: consideration of application |
| 15 |
(1) | The Commission shall consult those to whom it has given notice of |
| |
an application for conversion under section 69G(4) above about |
| |
whether the application should be granted. |
| |
(2) | The Commission shall refuse an application for conversion if— |
| |
(a) | it is not satisfied that the CIO would be a charity at the time |
| 20 |
| |
(b) | the CIO’s proposed constitution does not comply with one or |
| |
more of the requirements of section 69B above and any |
| |
regulations made under that section, or |
| |
(c) | in the case of an application for conversion made by a |
| 25 |
company limited by guarantee, the CIO’s proposed |
| |
constitution does not comply with the requirements of |
| |
subsections (8) and (9) of section 69G above. |
| |
(3) | The Commission may refuse an application for conversion if— |
| |
(a) | the proposed name of the CIO is the same as, or is in the |
| 30 |
opinion of the Commission too like, the name of any other |
| |
charity (whether registered or not), |
| |
(b) | the Commission is of the opinion referred to in any of |
| |
paragraphs (b) to (e) of section 6(2) above (power of |
| |
Commission to require change in charity’s name) in relation |
| 35 |
to the proposed name of the CIO (reading paragraph (b) as |
| |
referring to the proposed purposes of the CIO and to the |
| |
activities which it is proposed it should carry on), or |
| |
(c) | having considered any representations received from those |
| |
whom it has consulted under subsection (1), the Commission |
| 40 |
considers (having regard to any regulations made under |
| |
subsection (4)) that it would not be appropriate to grant the |
| |
| |
(4) | The Secretary of State may make provision in regulations about |
| |
circumstances in which it would not be appropriate to grant an |
| 45 |
application for conversion. |
| |
(5) | If the Commission refuses an application for conversion, it shall so |
| |
notify the appropriate registrar (see section 69G(11) above). |
| |
|
| |
|