CCNI Smart Form : What action would you like to take?

Note: you may wish to carry out more than one of these actions. Please choose one to begin with and you will have the option to return to this page at the end.

A. Make changes to a governing document

B. Change charitable purposes

C. Make payments to charity trustees

D. Close a charity

E. Change the name of a charity

F. Merge a charity into/with another charity

G. Become a charitable company

H. Transfer charity property

Property may include anything owned by the charity including, but not limited to land, buildings, money or fixed assets e.g. vehicles, equipment, intellectual property etc.

I. Obtain the necessary authority of the Commission for any action proposed as being in the best interests of the charity

An order under this section may be made so as to authorise a particular transaction, or a particular application of property, or to give a more general authority.

J. Obtain a consent for a charitable company from the Commission

The Charities Act (NI) 2008 sets out where a charitable company wishes to make a regulated alteration, such a change is ineffective without the prior written consent of the Commission.

Regulated alterations are defined at s96(3) of the Charities Act as being:
(a) an amendment of the company's articles of association adding, removing or altering a statement of the company's objects
(b) any alteration of any provision of its articles of association directing the application of property of the company on its dissolution, and
(c) any alteration of any provision of its articles of association where the alteration would provide authorisation for any benefit to be obtained by directors or members of the company or persons connected with them.

For charitable companies, removing an express prohibition may be a regulated alteration within the meaning of section 96 of the Act, when by virtue of its removal it provides a benefit to trustees. Giving benefits to trustees that go beyond what charity trustees are entitled to for provision of services under Section 88 of the Act, will be a regulated alteration requiring consent under section 96 of the Act. Section.96(4)(a) defines benefit as “a direct or indirect benefit of any nature” In such cases, or where there are not enough un-conflicted members to pass the resolution, the charitable company will require the Commission’s prior written consent to make such change. This is a regulated alteration and the trustees will need to apply to the Commission for consent under section 96 of the Act. (see link to our guidance below)

https://www.charitycommissionni.org.uk/manage-your-charity/consents-for-charitable-companies/

K. Update the Commission with changes to a governing document

L. Apply for a scheme

M. Appoint, discharge or remove a charity trustee for a charity, or removing an officer or employee

N. Vest or transfer property, or requiring or entitling any person to call for or make any transfer of property or any payment