How do you change a charity Constitution?

Let the commission know about the change to your governing document. If your charity is a company, agree the changes as a ‘special resolution’ at a general meeting. You must send a signed copy of the resolution along with a PDF of your amended articles to both the commission and Companies House within 15 working days.

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.

What is a charity Constitution?

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.

How do I update my details on Acnc?

To notify the ACNC of most changes, log in to the Charity Portal and submit the appropriate online form. Administrative penalties may apply for failing to notify the ACNC. Note: The ACNC does not charge charities a fee to notify of changes. Notifying the ACNC of changes is free.

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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.

Can you change a constitution?

Amendments to the Constitution

Amendments to the constitution may only be made at the Annual General Meeting or a Special General Meeting. Any proposal to amend the constitution must be given to the Secretary in writing. The proposal must then be circulated with the notice of meeting.

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.

How do you govern a charity?

Governance in charities

  1. Securing the long term direction of the charity (furthering its objects or purposes as set out in its governing document)
  2. Ensuring that policies and activities achieve those objects.
  3. Ensuring the charity is run in a way that is legal, responsible and effective.

How many trustees should a charity have?

A charities constitution says it has to have a minimum of four trustees to make decisions.

Is a constitution legally binding?

The reality is that much of our constitution is written down and quite considerable amounts of it codified. … Importantly, it is not a legally binding document, but provides one starting point for finding better ways to explain and examine our current constitution. Who is responsible for interpreting the constitution?

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Can you change the name of a charity?

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. … The Commission can object to a charity’s name and, in certain circumstances, can direct it to be changed.

Can a charity operate without a secretary?

The company secretary’s role is generally to ensure that the charity complies with the requirements of company law. … It is no longer a legal requirement to appoint a company secretary unless the governing document specifically requires one.

Who can be a responsible person for a charity?

The term Responsible Person refers to those responsible for governing the charity. Generally, a charity’s Responsible Persons are its board or committee members, or trustees (including insolvency trustees or administrators).

How do I contact the Charities Commission?

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

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 do you remove a trustee from a charity?

A good next step is simply to invite your trustee to volunteer his or her resignation. (Make sure first that if they do resign, you will still have enough trustees to meet any minimum number required by your governing document.) If your trustee won’t resign, your options depend on the legal structure of your charity.