# Companies (Audit, Investigations and Community Enterprise) Act 2004, Section 39: Becoming a community interest company: English charities

Extent: E+W+S

(1) A company that is an English charity may not become a community interest company without the prior written consent of the Charity Commission.
(2) If a company that is an English charity contravenes subsection (1), the Charity Commission may apply to the High Court for an order quashing any altered certificate of incorporation issued under section 38A .
(3) If a company that is an English charity becomes a community interest company, that does not affect the application of—
(a) any property acquired under any disposition or agreement previously made otherwise than for full consideration in money or money’s worth, or any property representing property so acquired,
(b) any property representing income which has previously accrued, or
(c) the income from any such property.
(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Source: https://www.legislation.gov.uk/ukpga/2004/27/section/39 (the official version)
Page: https://openlegislation.uk/companies-audit-investigations-and-community-enterprise-act-2004/section-39
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.