Question: Can a charity constitution be changed?

If your charity is a company or CIO, you can usually change its articles of association (for companies) or constitution (for CIOs) yourself, unless the change is a ‘regulated alteration’ (see ‘changes the commission needs to approve’).

Is a charity constitution a legal document?

Charity rules: governing documents

Your charity’s governing document is a legal document. It works as a rulebook, setting out: its charitable purposes (‘objects’) what it can do to carry out its purposes (‘powers’), such as borrowing money.

Can a charity change its articles of association?

Making changes

This is normally done by passing something called a special resolution at a general meeting. You must also ensure that you get written consent from the Charity Commission before you make any changes to the articles of association as there are some ‘regulated alterations’ that the changes must meet.

How do I change my Charity Commission?

Tell the Charity Commission online

You’ll need your charity registration number to sign in. If you’re changing your charity’s name or governing document, you’ll need to upload a PDF of the decision (‘resolution’) to make the change.

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Can two charities have the same name?

Main charity name

This is your official charity name. Your charity name must not: be the same as or similar to another charity.

How many trustees does a CIO need?

For good practice, a CIO should have at least three charity trustees. If the number of trustees falls below the minimum specified in the constitution, the provisions in clause 12(3) will enable the remaining charity trustees to appoint new trustees and prevent the CIO from becoming inoperable.

How do you write a constitution for a non profit organization?

Start With the First Three Sections

  1. Article I: Provide the name of your nonprofit organization. * Article II: Describe the organization’s purpose and mission. …
  2. Article III: Define who is eligible to become a member of your organization, as well as how long the membership lasts.

How do you amend an article of association?

As per section 283 of the Companies Act 2006, you can amend a company’s articles of association by passing a special resolution of the members, provided there is a legitimate reason for making such changes.

Can a charity change its mission?

Nonprofit organizations can change their mission statements without disrupting their nonprofit status as long as their new missions still qualify under the description for a tax-exempt status under section 501(c)(3) of the tax code and they notify the IRS, their donors and their members.

Do charities need a memorandum of association?

The key governing document of a charitable company is its Memorandum and Articles of Association. … This means that if a charitable company wishes to make any changes to its governing document, it will need to register the changes with Companies House and with the Charity Commission.

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Can a charity change its name?

On occasion a charity may wish, or need, to change its name. If a registered charity changes its name, the Commission must be notified as soon as possible. If a registered charity is also registered for charitable tax status with HMRC, it must inform HMRC of its name change. …

How do I contact the charities Commission?

call us: 0300 066 9197 Monday to Friday between 9am and 5pm.

Can trustees of a charity be related?

The Charities Act 2011 sets out the duties for trustees of CIOs. … Connected person: in broad terms this means family, relatives or business partners of a trustee, as well as businesses in which a trustee has an interest through ownership or influence.

Can a charity have another charity as a subsidiary?

Linking charities isn’t the same as merging them. Linked charities can’t combine their assets, and can’t spend their money on the aims of the other charities they are linked to. Each charity also keeps its own separate governing document. Each charity must act in its own best interests and manage potential conflicts.

Can a charity have a commercial arm?

Some charitable groups/organisations set up a subsidiary (“business” or “trading arm”) as a way to generate income on a more substantial or permanent basis, which is a non-charitable trading company. … For charities, the profits made from trading are generally exempt from tax provided that certain conditions are met.

Can I start a charity without registering?

The need to register is triggered by “solicitation” efforts by the nonprofit, such as asking for a contribution or selling goods/services that will benefit a charitable cause. An organization does not need to actually receive a donation to trigger registration in most states.

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