CHARITABLE COMPANIES
In order for a company to be registered as a charity, it must have the approval of the Charity Commission. The Commission will require certain information about the company, its owners and controller and the work it intends to carry out.
In order to assist promoters of companies that wish to apply for charitable status the Commission has produced a model set of Memorandum and Articles of Association of a charity, together with notes which give advice concerning the content of these documents. Click below to view and print the model.
Which options you choose will depend on how you wish the charity to be structured and to work. The model is not comprehensive, however, and if you want to include any special or complex provisions which are not contained in the model you should consider asking a solicitor to help you. The Charity Commission may require more time to consider any such specialist changes. It is important to make clear what changes you make.
The model provides a number of options details of which are given in the notes to the model Memorandum and Articles of Association. You should refer specifically to:
• Paragraph 2 of the Memorandum of Association (situation of registered office)
• Paragraph 5(4) of the Memorandum of Association (directors' dealings with the company)
• Paragraph 9(2) of the Articles of Association (minimum number to constitute a quorum)
• Paragraph 49 of the Articles of Association (limitation of liability)
You should insert which options you require on the Order Form.
The model Articles of Association provides for a minimum of three directors of the company (see paragraph 20). Should you wish to increase or reduce this number, you should insert the required number on the Order Form.
Please note that whilst Kestrian work closely with Companies House in relation to the formation of companies, we do not deal directly with the Charity Commission concerning the formation of charitable companies. Clients or their advisers must ensure that they have satisfied the requirements of the Charity Commission before instructing Kestrian to proceed with the formation of their company.
Please proceed to the Statutory Forms section of the website once the Order form is completed.  |
